Obtaining a Green Card through Investment is a three step process. The EB-5 Visa Program is explained below from filing a Green Card Visa to actually obtaining your Green Card.
Step 1. Filing the EB-5 Visa Program
To seek status as an immigrant Green Card Visa Investor, you must first file U.S. Citizenship and Immigration Services (USCIS) Form I-526. This is considered an Immigrant Petition by Alien Entrepreneur. The Form I-526 must be filed with supporting documentation, which clearly demonstrates that your investment meets all requirements, such as:
- Establish a new commercial enterprise or identify a specific Regional Center
- Invest the requisite capital amount
- Prove the investment comes from a lawful source of funds
- Create the requisite number of jobs
- Demonstrate that the investor is actively participating in the business (where applicable)
- Create employment within a targeted employment area
Once the petition is approved, the USCIS forwards the approved petition to the National Visa Center (NVC), who will contact you when an immigrant visa number becomes available.
Step 2. Obtain Status as a Conditional Resident
Once the EB5 Green Card Visa petition has been approved, the investor, spouse, and any children under the age of 21 years old at the time of filing may obtain status as a conditional resident in theUnited States.
- If you already reside within the U.S., you may apply for adjustment to Conditional Permanent Resident status.
- If you reside outside the U.S., you may apply for an immigrant visa at an American Consulate in your country of residence.
Your Green Card through Investment, for the investor, spouse, and qualifying children is subject to conditional permanent residency for an initial two-year period.
Step 3. Remove Conditions on Permanent Residence
To remove the two-year conditions on permanent residence, you must file a USCIS Form I-829, Petition by Entrepreneur to Remove Conditions. Form I-829 must be filed within 90 days before the second anniversary of your admission to the U.S. as a conditional resident.
Once the conditions have been approved and lifted, you will be issued a Green Card for a 10 year period.
The Law Offices of RKNA specialize in helping Indian investors obtain an EB-5 Green Card either through the $1 million investment in to an existing or start-up business, or a $500,000 investment in to an approved, designated EB-5 Regional Center. You will receive expert guidance and advice from us on all aspects of the EB-5 Green Card which will enable you to live, work, and travel freely in and out of the United States.