EB-5 Regional Center

EB-5 Business Investments

ÁøÇà

ÀýÂ÷

 

EB-5

Visa

Application

Process

¹Ì±¹ÅõÀÚÀ̹Π°è¾à.- ¿¡½ºÅ©·Î °èÁÂ(ESCROW ACCOUNT)¿¡ ÅõÀÚ±Ý ¿¹Ä¡.- USCIS¿¡ I-526 Á¦Ãâ.- NVC¿¡ DS-230 Á¦Ãâ.- ÁÖÇѹ̱¹ ´ë»ç°ü¿¡ ¼­·ù Á¦Ãâ - ´ë»ç°ü ÀÎÅͺä ÈÄ Á¶°ÇºÎ ¿µÁÖ±Ç ¹ß±Þ.- ¾à 22 ~ 24 °³¿ù ÈÄ I-829·Î Á¶°ÇÇØÁö ½Åû ÈÄ ¿µÁÖ±Ç ¹ß±Þ.- ¿µÁÖ±Ç ÃëµæÈÄ Áö¼ÓÀû ÅõÀÚ±Ý ¿¹Ä¡ ȤÀº 5³â ÈÄ ÅõÀÚ±Ý ¹Ýȯ.

 

Acquiring lawful permanent residence("Green Card") through the EB-5 category is a three step self-petitioning process. First the successful applicant must obtain approval of his or her Form I-526 Petition for an Alien Entrepreneur. Second, he or she must either file an I-485 application to adjust status to lawful permanent resident, or apply for an immigrant visa at aU.S. consulate or embassy outside of theUnited States. The EB-5 applicant (and he or her derivative family members) are granted conditional permanent residence for a two year period upon the approval of the I-485 application or upon entry into theUnited States with an EB-5 immigrant visa. Third, a Form I-829 Petition by an Entrepreneur to Remove Conditions must be filed 90 days prior to the two year anniversary of the granting of the EB-5 applicant's conditional Green Card. If this petition is approved by CIS then the EB-5 applicant will be issued a new Green Card without any further conditions attached to it, and will be allowed to permanently live and work in theUnited States

 

Step 1.

Review and Research : Review all USCIS requirements and guidelines for the EB-5 Visa program to:Determine if you are eligible for residency in theUnited States. Determine if you are a qualified investor. Understand what legal and financial commitments will be expected of you.

 

Step 2.

Make Decisions : The EB-5 application process can be complex and challenging, especially if you are conducting it from overseas. There are a number of preliminary decisions you can make before starting the process that will help you avoid complications down the line:a. Choose a reputable immigration attorney. Ask for references and contact previous clients to make sure you retain a lawyer with an established reputation. Your attorney should make the application process much easier for you, but the wrong attorney could make it a lot harder, and possibly even cost you a visa.b. Decide whether to apply through a Direct Investment or through a Regional Center. A Regional Center will work with your attorney to provide a number of services for you, such as: providing you a low-risk investment project at half the capital cost of a direct investment, ensuring that the investment project is carried out in a USCIS designated area, managing your investment, and  meeting terms of EB-5 requirements, including job creation.c. Select a Regional Center. If you choose to apply through a Regional Center, make sure to review their project history to ensure that they have a proven track record of closing successful investments that not only provided a solid ROI, but more importantly, received approval from the USCIS.

 

Step 3.

Commit to a Project : a. Once you have established a relationship with your chosen Regional Center, you will be provided with confidential investment documents. These documents include offering materials and contractual agreements that should be reviewed with your attorney or other adviser.b. After reviewing the documents provided by the Regional Center, if all meets with your approval, you should be ready to sign off on provided agreements and deposit the required $500,000 in a given escrow account.

 

Step 4.

Submit Immigration Petition : Once all agreements have been signed and capital investment deposited, your Regional Center, in conjunction with your immigration attorney, will gather all necessary documents to prepare and submit your U.S. Immigration Petition (I-526)

 

Step 5.

Immigrant Visa Application : a. U.S. Government Review of I-526. The United States Department of State will review your immigration petition and either approve or reject it. Once approved, you will be send an instruction packet for your Immigrant Visa Application (Forms DS-2001 & DS 230i). You must review the information in this packet and complete the forms prior to scheduling of your U.S. visa interview.b. Interview Scheduling. After receipt of your completed Immigrant Visa Application, you will be notified by the U.S. Consulate of your formal interview date. At this time, you will also receive an Appointment Package for Immigrant Visa Applicants (DS-230ii), and you will be required to complete a medical examination.

 

Step 6.

U.S. Consulate Interview : a. If all is in order on the date of your Consulate Interview, you should receive a Conditional Visa at this time.b. Once formal approval is granted by the Consulate, you and your family must enter the United States within 180 days.

 

Step 7.

Request for Removal of Visa Conditions : 21-24 months after entry in the U.S., your attorney can file an application for removal of conditions I-829 on your visa. Your attorney and Regional Center will provide documentation that your investment has been maintained and that the necessary number of jobs have been created.If all EB-5 visa obligations have been met, the conditional status of your visa will be removed.

 

Step 8.

U.S. Citizenship : 60 months after entry into the United States, you will be eligible for America Citizenship. This is not mandatory to continue indefinite or permanent residency in the U.S.