EB-5 Visa Journey

At this point, if the investor is ready to proceed, he/she will need to officially subscribe with the EB-5 investment offering and secure an investor slot by wiring funds into the EB-5 Fund’s escrow account. This is accomplished through the following steps:

• Sign and submit the signature pages of the offering documents including bank escrow forms to the Regional Center
• Wire capital investment amount and administrative fee into the escrow account
• Continue documentation work with immigration attorney

* All signatures must correspond with the signature on the investor’s passport.

When the signed offering documents submitted to the Regional Center and funds have been transmitted to the designated escrow account, the investor slot will be held for the investor (for a limited time) while the investor completes his/her I-526 petition with his/her immigration attorney with the help of the Regional Center.

Some investors may require other services (e.g., accounting, tax preparation, family immigration, etc.). The Regional Center can make the appropriate referrals, but investors can also identify their own professional-services firms if they choose.

The Regional Center serves as an end-to-end facilitator, assisting the investor from the beginning to the end of the entire EB-5 process, which will take multiple years.

The I-526 application is a petition containing supporting documentation to receive EB-5 immigrant classification. This petition demonstrates that the petitioner’s required amount of capital has been invested in a new commercial enterprise, the investment capital was obtained by the investor through lawful means, the new commercial enterprise will create at least 10 full-time positions for qualifying employees and the immigrant investor is a member of the new commercial enterprise in line with the United States Citizenship and Immigration Services (USCIS) requirements.

The I-526 petition is prepared on behalf of the investor by his/her immigration attorney with the help of the Regional Center. Together, the Regional Center and the investor will continue to work with the investor’s immigration attorney to prepare the I-526 petition documents. Documents include, but are not limited to:

• Form I-526 (including I-526 filing template)
• Form G-28
• Biographical documents for the investor and family members
• Legal and financial documents that demonstrate the source and path of fund for investment

* All documents must be translated into English by a certified translator and/or translation firm.

Once all documentation requirements are fulfilled, and the immigration attorney has prepared the client file, the I-526 petition will be submitted to USCIS. Upon submission of the I-526 petition, USCIS will issue a Form I-797C (Notice of Action) and acknowledge the receipt of such petition. Receipt of this form evidences that the USCIS has received the petition and will begin processing it.

The USCIS approval process is subject to the timelines regularly updated by the USCIS. Please consult the www.USCIS.gov website for the most updated estimates regarding processing times.

If the investor is outside of United States, after USCIS approves the I-526 petition, the investor must visit the applicable U.S. Consulate for consular processing of his/her green card. If the investor is in the United States, the investor’s immigration attorney will file a Form I-485 (Application to Register Permanent Residence or Adjust Status) to the USCIS district office where the investor resides. There may be an interview at the district office. Please consult your immigration attorney for consular processing and/or adjustment of status timelines and procedures. 

Except having a job creation requirement, the conditional green card gives the holder the same benefits as a permanent U.S. green card.

Upon request, Golden Gate Global will provide a landing services packet that contains a list of affiliated and third-party service providers that offer various services for consideration prior or upon entry into the United States. GGG can assist in introduction to these professional service providers. This landing services packet includes information about a variety of services that will help in the transition to living in the United States. This can include temporary housing, home purchasing, education placement, tax and estate planning, insurance, wealth management, exclusive retail and entertainment opportunities.

Form I-829 is for immigrant entrepreneurs to petition to remove the conditions on their (and eligible dependents’) permanent resident status which they obtained based on investment in a new commercial enterprise. After receiving the conditional green card and upon entering the United States, the investor must file the I-829 petition within the 90-day period immediately preceding the second anniversary of obtaining conditional permanent resident status. The Regional Center and the investor will work with the investor’s immigration attorney to file the I-829 petition along with the required documents to demonstrate the job creation that resulted from the investment. This petition aims to remove the job creation condition on the green card.

USCIS may request the applicant to appear for biometrics and/or an interview or provide additional evidence and/or further information, if required.

Once the investor satisfies the requirements as per the offering documents of the project, the project sponsor will return to the investor their principal invested into the EB-5 project. Investors should refer to the specific offering documents regarding the return of capital.

Once the I-829 petition approval is obtained, the investor will receive a permanent green card from the USCIS by mail.