- Who is eligible to receive immigration benefits from my EB-5 investment?
- How does EB-5 work when investing through a Regional Center?
- What is EB-5?
- What are the protections and guarantees in Behring Regional Center EB-5 projects?
- Can I travel outside the US for extended periods after I get my green card?
- Can I include my family members on my EB-5 visa petition?
- When can I apply for US citizenship?
- Is EB-5 a passive investment?
- How long must I remain in the U.S. each year?
- What is a reentry permit?
- Can adopted children immigrate with me on EB-5?
- What is a New Commercial Enterprise?
- Are there any nationality restrictions for EB-5 applicants?
- USCIS requires EB-5 investments to be “at-risk”, so how do your projects have guarantees?
- What are the EB-5 Investment Requirements?
- Can I apply if I've been rejected or terminated in the past by USCIS for a different visa application?
- May two or more investors qualify for immigration based upon a pooled investment in a single business?
- What is the I-526 Petition?
- What is the USCIS background check?
- What Can Disqualify an Investor from Participating in the EB-5 Program?
- What is an I-829 Petition?
- What is a I-485 Petition
- Accredited Investor
- Partial Payments
- Source of Funds
- Can I use a loan for EB-5?
- What documents need to be translated when filing the I-526 petition?
- Can I Use a Gift for EB-5?
- Can I Use 401(k) funds for EB-5 investment?
- I don't have $800K in cash. What are my options?
- What is the Source of Funds Report?
- 5 Things EB-5 Investors Can Do Preparing for Their Source of Funds Report
- Regional Center
- Targeted Employment Area
- Job Creation
- EB-2 / EB-3
What is Consular Processing?
If the EB-5 investor is located outside the United States or is otherwise not eligible to file the I-485 application to adjust status when the I-526 petition is approved, then the EB-5 investor must apply for consular processing to obtain the immigrant visa.
After the I-526 petition is approved, notice will be sent to the National Visa Center (NVC), which will send a fee invoice. The EB-5 investor will submit civil documents of the investor and accompanying spouse and unmarried children under 21 and submit Form DS-260. After the appropriate fees are paid and documents submitted, NVC will schedule an interview at the appropriate U.S. Consulate if a visa is available based on the EB-5 investor’s (or spouse’s) country of birth.
During this process, the Consulate will determine if the EB-5 investor is admissible to the United States. This includes a criminal background check, visa history, medical condition, etc.
At the interview, the Consular officer should not seek to re-adjudicate the I-526 petition, but they may ask about the EB-5 investment, project and other details, etc. The immigration attorney should prepare the EB-5 investor for the consular interview.
The entire process should take approximately 3-12 months, depending on the consulate. Upon receiving the immigrant visa, the EB-5 investor has up to 6 months to enter the U.S. and start the 2-year conditional residency period.