The eb5 visa is a little known way to get into the United States. Considering that many people do not even know what the visa is, it is not surprising that even fewer people know how eb5 processing works. You may choose to find out more about it through your own research, or you may decide to talk to an experienced eb5 attorney before you apply.
One of the first details to know about eb5 processing is how long it takes to receive a decision regarding your application. Typically, it takes about six months to find out about the status of your application. However, the time varies depending on your particular case examiner. Be prepared for it to take up to a year and a half, especially if you have not included all the information necessary to get a decision. In such a case, the USCIS will contact you and let you know that your file is missing pertinent information. The wait time will almost definitely be longer than six months if that occurs.
Once you meet with your lawyer, you will find out that the first official step is to file the form I-526 Petition for Alien Entrepreneur. Once it is found that you are indeed eligible for the eb5 visa, the next step of eb5 processing will be sending the form I-485, called Adjustment of Status to Permanent Residence. This is only if you are already in the United States on a temporary basis. If you are still in your home country, you will have to have a visa interview with your country’s embassy. If you are approved, you should get a green card, and you will need to use it to enter the U.S. within six months.
After you are approved for all these forms and arrive in at your new home, you can start your business in the United States if you have decided to take the eb5 direct pathway. If you want to use a regional center to fulfill all the requirements of the eb5 visa, you will need to select the best one for you, offer your investment, and follow any directions from officials.
Two years after you have been in the United States, you are allowed to apply for the removal of your green card’s conditions. You will use form I-829 to do this, and once it is approved, you will be able to stay in this country for years without restrictions, eventually becoming a U.S. citizen. Any family that traveled with you can do the same.
The eb5 processing procedures are not necessarily difficult to get through, but having a lawyer can make the process much easier than if you were to go it alone. With an eb5 attorney, you will know which forms to file, in what order, and how long to expect to wait for a decision. One of the best details to know before beginning the process is to plan ahead as much as possible, and knowing how the procedure works is helpful.