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EB-5

What is EB5 Program:

USCIS administers the EB-5 Program. Under this program, entrepreneurs (and their spouses and unmarried children under 21) are eligible to apply for a Green Card (permanent residence) if they:

  • Make the necessary investment in a commercial enterprise in the United States; and

  • Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.

This program is known as EB-5 for the name of the employment-based fifth preference visa that participants receive.

 

What are the EB5 categories:

  • Direct investments

  • Immigrant Investor Pilot Program (Regional Centers)

Application timeline:

  • I-526 preparation

  • I-526 submission and pending adjudication 14.5 months (receipt notice with priority date)

  • Backlog: click here to check current visa bulletin   

  • Consular processing DS-260 or Adjustment of status in the U.S. when the investor's priority date becomes current. 

  • I-829 Removal of condition submission (1 year and 9 months)

  • Permanent green card upon approval : Investment no longer required to be “at risk”

  • Approved investors can apply for naturalization three years later

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Matthew Kolodziej

Partner

Contact

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Jason Jia

Managing Partner

Contact

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