Tuesday, October 14, 2014

EB-5 on the rise

According the US Citizenship and Immigration Services was EB-5 was a law passed by Congress in 1990 to stimulate the economy. 

There are 10,000 EB-5 immigrant visas available annually through the EB-5 program.  The EB-5 program consists of two options to gain citizenship. Both of this option requires either a $500,000 or a 1,000,000-dollar investment depending on the area where the investment is made.  In addition any new commercial investment must employ 10 full time employees



 Acquiring lawful permanent residence (“Green Card”) through the EB-5 category is a three step self-petitioning process. The target case processing time is five months for Forms I-526 and I-829.

  • First, a successful applicant must obtain approval of his or her Petition for an Alien Entrepreneur (Form I-526). 
  • 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 a U.S.consulate or embassy outside of the United States. The EB-5 applicant (and their derivative family members) is granted conditional permanent residence for a two year period upon the approval of the I-485 application or upon entry into the United 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 USCIS 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 the United States.”


According to data from the US Citizenship and Immigration Services the approval rating for I-829 forms have increased from 62 percent in fiscal year 2005 to 83 percent in fiscal year 2011.





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