The 3 steps to citizenship

Using the EB-5 program to acquire a permanent Green Card is a three-step self-petitioning process.

  • 1

    First, an applicant must obtain approval of their Form I-526 Petition for an Alien Entrepreneur.

    View Step 1 Details →
  • 2

    Next, the petitioner must file an I-485 application to adjust their status to lawful permanent resident, or apply for an immigrant visa at a U.S. consulate or embassy outside of the United States.

    View Step 2 Details →
  • 3

    Lastly, a Form I-829 Petition by an Entrepreneur to Remove Conditions must be filed 90 days prior to the 2-year anniversary of receiving conditional residence. If the petition is approved, conditions will be removed and the applicant will be granted full residence.

    View Step 3 Details →
1

Funding and Immigrant
Petition

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  • Investor creates or acquires and then funds a qualifying project.

  • Investor provides a detailed business plan calling for no less than 10 full-time employees.

  • Investor answers questions and submits documents guided by their immigration attorney.

  • Attorneys prepare documents for filing with the USCIS.

  • Once signed by the investor, immigration attorney submits the Form I-526 Immigrant Petition.

  • Investor selects Lexin Regional Center, does full due diligence with their advisors and counsel.

  • Investor enters subscription agreement and submits payment in full.

  • Investor answers questions and submits documents guided by their immigration attorney.

  • Attorneys prepare documents for filing with the USCIS.

  • Once signed by the investor, immigration attorney submits the Form I-526 Immigrant Petition.

2

Conditional Residence

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  • Upon approval of Form I-526, the Department of State issues an Instruction Package for Immigrant Visa Applications containing investor information and forms that must be completed before the interview.

  • The U.S. Consulate notifies investor of interview date and sends investor the Appointment Package for Immigrant Visa Applicants. A medical examination is required.

  • The investor is interviewed and an Immigrant Visa is normally granted upon its conclusion.

  • The investor and all qualifying family members are admitted to the U.S. as conditional residents within 180 days of visa approval.

  • Upon approval of Form I-526, the investor and all qualifying family members living in the U.S. apply to adjust resident status from temporary to permanent. A medical examination is required.

  • Investors are notified of approval by mail or are notified of an Adjustment of Status Interview.

  • Investor and qualified family are granted conditional permanent residence upon Form I-485 approval.

3

Full citizenship

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  • Investor should consult with an immigration attorney before leaving the U.S. for any extended time as they risk losing their Conditional Permanent Resident status.

  • Investor assembles pertinent information and documents with their counsel.

  • Immigration attorney prepares appropriated documents for the investor to sign.

  • Attorney files Application I-829 to remove condition on U.S. residency within 21 to 24 months of entering the country.

  • Permanent Residency conditions are removed.

  • Investor and family members qualify for citizenship 60 months after admission to the U.S. as Conditional Residents.

Supporting documents

An investor applicant will need to provide documents as evidence of their investment venture. We’ve
outlined what evidence is required to be shown for each type of investment.

Investing in a new commercial enterprise:

  • Evidence that you established a new “for profit” enterprise.
  • Documentation that the business is located in a TEA, if applicable.
  • Evidence that you have, or are, investing the amount of capital required.
  • Clearly show that all investment funds were obtained legally.
  • Provide foreign business registration records.
  • Produce personal and business tax filed anywhere in the previous five years.
  • Show certified copies of any pending or prior civil or criminal actions involving financial judgments against you within the last 15 years.
  • Provide a detailed business plan showing that the qualifying enterprise will create at least 10 full-time jobs.

Investing in a troubled business:

  • Produce the same evidence required for a new commercial enterprise except for the creation of 10 full-time jobs.
  • If investing through a regional center, indirect jobs qualify if they are shown to have been created as a result of capital invested in a commercial enterprise affiliated with the regional center.
  • Maintain existing jobs at nothing less than that of the pre-investment level for at least two years.
  • Document that the business has been in existence at least two years, showing a net loss during the 12- or 24-month period prior to the priority date on the immigrant investor’s Form I-526.
  • Show the loss is at least 20 percent of the troubled business’ net worth prior to the loss.

Investing in a Regional Center Program:

  • Document your affiliation with a designated regional center including a letter from INS or USCIS that defines the geographical area of the business and whether it is a designated TEA.
  • Show that you have invested or are in the process of investing the required funds.
  • Show that the investment funds were acquired legally.
  • Document how your investment in the regional center project will create 10 full-time jobs.

Dependents

An investor’s spouse and unmarried children under the age of 21 may be admitted to the U.S. with them for a two-year conditional period. If the investor’s I-829 petition to remove Green Card conditions is approved, then they also will be removed from the cards for the spouse and children. As a lawful permanent resident and Green Card holder, an investor’s spouse and children will be authorized to work or attend school in the U.S.