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EB-5 processing step-by-step at your fingertips!
The procedure for the EB-5 Regional Center case involves first reviewing all relevant Regional Center and particular EB-5 project documents; and after that, by placing requisite funds in a designated escrow account, and then, with the help of a U.S. immigration attorney, preparing necessary documents to submit to USCIS an I-526 immigrant petition. After I-526 petition is approved, you have a choice of either applying for an immigrant visa at the American Embassy located in the country of your residence or applying for I-485 adjustment application for your conditional green card.
The total processing times differ slightly depending on individual case facts, but the experience teaches that it is best to start the EB-5 process approximately 16 months prior to the actual date of immigration.
An overview of the EB-5 procedure is as follows:
1. Select a suitable U.S. immigration attorney and then the Regional Center EB-5 project. Many relevant documents concerning the Regional Center and the particular EB-5 project must be reviewed. Most EB-5 potential investors do not even know which documents should be reviewed with more attention, and this is where an experienced EB-5 attorney can help.
2. Sign standard documents, such as a Retainer Agreement with the selected U.S. immigration attorney, Subscription Agreement to participate in a particular Regional Center EB-5 project.
3. Start preparing necessary documents for the submission of I-526 immigrant petition, and then get the requisite funds ready to be deposited into a designated escrow account.
4. After placing the requisite funds in the designated escrow bank, submit the I-526 petition with the California Service Center of USCIS. I-526 receipt notice is usually sent within two (2) weeks after the submission of I-526 petition, and the case progress can be followed via USCIS Online Case Status System at www.uscis.gov website.
5. After I-526 petition is approved, either consular process via National Visa Center and the American Embassy located at your country of residence, or if you are legally in the United States, file I-485 adjustment application with the USCIS for conditional green card.
6. Wire the requisite funds in the escrow account to the Limited Partnership bank account in the United States. The Limited Partnership has been created specifically for each EB-5 Regional Center project.
7. Enter the United States as Intending Immigrant and acquire Conditional Permanent Resident status as of the initial entry date as Intending Immigrant.
8. Between 21 to 25 months after the CPR acquisition date, apply for I-829 conditions removal application with the appropriate documents, including evidence of job-creation (directly, indirectly or a combination).
If you wish to learn about the substantive requirements of EB-5 case, read www.eb-5center.com/eb-5_requirements for an overview of EB-5 requirements for both I-526 and I-829.
You can also find out what you should know and do before you begin your EB-5 case at: http://eb-5center.com/taxonomy/term/16.
Also, basic and key concepts of EB-5 law can be learned at: http://eb-5center.com/easy_eb-5.