The EB-5 Program allows immigrant investors to obtain a Green Card to live and work without problems in the USA with their direct family. But, how likely is it to obtain permanent residence by entering this program? We tell you in this article.
The EB-5 immigrant investor visa program is governed by the terms and conditions of the USCIS and was created by the United States Congress to offer a viable, flexible and fast solution to the permanent migration process to the country. The EB-5 program has been working with all kinds of foreign investors who have been investing in a variety of business activities across the country.
In addition, this program was designed to stimulate the US economy and attract foreign investment by showing and guaranteeing better jobs for the local population by attracting and needing Immigration to foreign investors who invest in a modern business and create at least 10 jobs for US residents.
That is, the investment must be made directly or indirectly in a new commercial company in which at least 10% of the capital is contributed by foreign investors.
Steps to obtain a Green Card with the EB-5 Program
The process of obtaining the EB-5 visa is divided into several steps:
1. Complete an I-526 application (Form 526)
Form I-526 is the initial petition for an EB-5 investment while the investor intends to file for conditional permanent residence through the EB-5 immigration investment program.
The I-526 immigrant petition by alien entrepreneur is filed by the EB-5 investor to demonstrate that they are in the investment process, or have already invested the required amount of capital in an appropriate EB-5 project.
2. Obtain a letter of commitment from a regional center
Document that certifies the association with a regional center, in charge of monitoring compliance with the standards established by the USCIS for the immigration program.
3. File an I-924 application for regional center designation
Applicants and designated regional centers must submit an amendment application to seek approval of any change to the regional center name, ownership, or organizational structure, or any change in regional center administration that affects monitoring and reporting responsibilities, or to add or remove any of the regional center directors, immediately after circumstances have changed.
4. Submit an I-901 application for federal review
The fourth step is to submit the I-901 form or application for federal review of all documents granted during the process.
5. Filing an I-829 Petition After Conditional Permanent Residence Has Been Granted
The I-829 petition is the final step in the EB-5 Visa process for the immigrant investor to become a lawful permanent resident of the United States. The I-829 petition includes evidence that the immigrant investor has satisfactorily met all the EB-5 program requirements imposed by USCIS.
Once the I-829 is approved, the investor’s residential parole restriction is removed and the investor, their spouse, and their unmarried children under the age of 21 may live and work in the United States permanently.
6. Apply for permanent residence based on investment eligibility using Form I-485
The I-485 application needs to be submitted along with supporting documents to prove that the applicant is eligible for a green card. The following supporting documents must be included with an I-485 marriage application:
- Proof that the beneficiary spouse entered the United States with a valid visa, demonstrated by a copy of the visa and the I-94 Arrival/Departure Record (available here).
- Proof of nationality of the foreign spouse (copy of the birth certificate and passport of the country of origin).
- Proof that the sponsoring spouse has the financial means to support the beneficiary spouse (copy of sponsoring spouse’s tax returns and pay stubs) — see our explanation of “affidavit of support” for more details.
- If the green card spouse has ever been arrested, you must provide proof of no-conviction (a certified copy of the court record).
- The beneficiary spouse seeking a green card must include a medical examination by a USCIS-approved physician. You can find a doctor in your area using this USCIS locator.
Percentage of obtaining a Green Card with the EB-5 Program
If all the documents requested during the process are correctly presented, the percentage of approval by the USCIS and the subsequent obtaining of the Green Card is very high.
However, for it to happen that way, it is necessary that all the steps are carried out correctly and thoroughly, since the approval of the documents in all the steps of the process is essential for the final obtaining of permanent residence.
One of the most important points in the process is the demonstration of the origin of the funds, since a complete roadmap must be built from the generation of the capital used. For this process to be carried out correctly, it is recommended to do it with a professional accounting team, since they have the experience to know where to find the necessary documents.
Carlos Sandoval, Managing Partner of UHY Blancas Sandoval & Asociados and an American accountant by profession, reveals that without a doubt the most important step of the EB-5 Program, after making the investment, is to correctly demonstrate the legality of the origin of the capital, since almost All the rejected applications are due to problems in the requested documents.
Investing in BAI Capital is investing in the United States
With a presence in the real estate sector in the states of Florida, Texas and New York, BAI Capital specializes in generating value from land acquisition to the development of mixed-use projects. Such as residences for the elderly, student residences, multifamily buildings for rentals and mixed use that include condos and retail.
Our mission is to safeguard the capital of the partners and the own capital under the minimum risk exposure. With a safe development and going through all the stages. Purchase of land, adjustment of urban zoning, commercial vision in architectural development and management of building permits. Then, we take charge of the capitalization, construction and exit with return of the capital and profits to the partners.
In this way, we guarantee fixed and stable returns for our client portfolio. In addition to having a confidential work protocol with encrypted web forms. Use of protected personal data and private meetings with our agents throughout Latin America.
In addition, we enjoy a USCIS approval rate of more than 95% of investor applications, of which all of those approved applications became Green Cards.
You already found out how likely it is to obtain a Green Card with the EB-5 Program. If you are looking to protect your capital from inflation through investments with returns in USD, or invest in projects that qualify for the EB-5 investor visa to obtain a Green Card, complete our form and an agent will contact you.