The New Deal EB5 immigration application process consists of two main stages:
1. I-526E Temporary Green Card Application Stage;
2. I-829 is the green card application stage.
Generally, an EB5 investment applicant can file a full I-526E petition with USCIS after completing the signing of the EB5 investment project documents and completing the investment of funds. After the application is completed, an acceptance file number will be created in the USCIS system.
What is an I-526 petition.
The I-526** includes the investor's basic personal information, investment projects, assets**, etc. It can be said that the first step for an applicant to start EB-5 is to file an I-526 petition.
Main Points for Considering I-526 Petition:
Funds: You need to prove that the funds are legitimate, and if the assets cannot be proven to have been lawfully acquired, USCIS will deny the I-526 petition.
Investment projects and new enterprises: Whether you are investing in a regional center project or investing in a self-operated project (direct investment), you need to have evidence to prove that the business is newly established and legally operated. If the investor invests in a regional center project, the investor does not need to be personally involved in the management.
Make an investment: The investor has injected or is in the process of injecting the required investment funds into the project.
Job Creation: The EB-5 visa program requires each investment to create 10 jobs in the United States.
USCIS will approve the foreign investor's I-526 petition only if the above conditions are met, and USCIS has the discretion to determine whether the investor applicant meets the above conditions, and may request further information from the investment applicant.
What is included in the I-526 stage to be submitted to USCIS?
1.project documents;
2.Applicant's personal information;
3.Proof of legality of the investment funds;
4.Currency transfer documents (i.e. information on how to convert RMB into US dollars).
What are the common investments**?
1.Buying and selling houses;
2.Company dividends;
3.Gift from parents.
What is an I-829 petition.
The I-829 is the final step in the EB-5 visa process, which turns the investor into a U.S. resident. The I-829 includes documents proving that the applicant meets all of the requirements of the USCIS EB-5 program. When the I-829 is approved, the investor, spouse, and their unmarried children under the age of 21 are exempt from all conditions of unconditional residence in the United States.
EB-5 investors must file for I-829 within 90 days of the 2-year conditional residency period. While the I-829 is being processed, the applicant's conditional residency period will be extended. The I-829 petition must be filed within the 21st to 24th month of the investor's 2-year conditional residency period, otherwise it will have a negative impact on the formal green card application.
The application begins in the 21st month after receiving the conditional green card, by which time the investor must have completed the investment in the project and meet all relevant requirements. Foreign investors must maintain continuity of their investment behavior until they are granted a conditional green card. The manager of the investment project (regional center) must cooperate with the immigration lawyer and provide the relevant documents required for the removal of the investor's conditions.
Supporting documents required for I-829 petition.
The U.S. immigration I-829 review is mainly to see whether the I-526 plan is carried out, what the investor's investment has done for the project, whether the project is executed in accordance with the plan, and whether there is any violation. EB-5 investors must submit supporting documents to prove that they have met the requirements of the EB-5 program.
1.Requirements: Conditional Resident Card (Green Card).
Supporting materials: a copy of the investor's resident card; Copies of resident cards for all EB-5 family members.
2.Requirements: Evidence of the creation of a business entity.
Supporting Documents: Federal Tax Form.
3.Requirements: Proof that funds have been injected into the investment.
Supporting materials: audited financial statements, bank documents, any supporting materials that can prove that the investment project has been injected by investors, whether the funds have been invested in the project, and whether the project is still in actual operation.
4.Requirements: Demonstrate the sustainability of the business entity at the time of 2 years of conditional residence.
Supporting materials: invoice; Receipt; bank slips; Contract; License; Federal tax forms; State Tax Forms; Quarterly tax returns.
5.Requirements: Evidence that the requirements for the creation of the position are met and that the investment follows the business plan.
Supporting materials: salary records; Relevant tax documents; Whether enough jobs have been created and whether at least 10 jobs have been created.
6.Requirements: Biometrics.
Supporting Materials: Applicants must be invited to the U.S. Citizenship and Immigration Services (USCIS) to have their fingerprints taken, signed, and photographed.
7.Requirements: If the applicant has a criminal record, relevant legal documents must be provided.
Supporting materials: Statement from law enforcement agencies; Arrest records; sentencing records; Probation or parole records; Other court documents relating to criminal history records.
If you are interested in U.S. immigration or want to know more about it, you are welcome to contact Excellence Immigration.