EB-5 VISA PROCEDURES
SCHEDULE A CONSULTTHE PROCESS FOR OBTAINING AN EB-5 VISA CAN BE SUMMARIZED IN 3 STEPS.
STEP 1
Investor files Form I-526 visa petition with USCIS.
STEP 2
Once the I-526 is approved by USCIS, the investor and his or her spouse and children under age 21 must complete a visa interview at the US Consulate or, if they are lawfully living in the United States, they must complete Adjustment of Status. After successfully completing Step 2, the investor and his or her family then become lawful permanent residents of the United States for a period of 2 years. This known as “conditional” lawful permanent resident status because it lasts for 2 years.
STEP 3
Investor and family files Form I-829 petition to remove conditions with USCIS. This petition must be filed 1 year and 9 months after the investor obtains conditional lawful permanent resident status, and no later than the 2nd anniversary of the investor’s conditional lawful permanent resident status. The investor must show that he or she has maintained their investment during this 2 year period of time and has also been successful at creating the required 10 new jobs through their investment. After Form I-829 is approved, the investor and family obtain unconditional lawful permanent resident status. If the Form I-829 petition is not filed, or is filed and is not approved, then the immigrant investor and his or her family will lose their conditional lawful permanent resident status and must either leave the United States or obtain a new visa status to the United States.
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Donoso & Partners provide assistance with review and advice regarding eligibility for visas to the U.S. or Canada.