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Adjustment of Visa Status

The entire visa process can be lengthy and complicated. There are several types of visas that you may be looking to apply for. At Houston EB5, we can go through the process with you. We can assist you in understanding how your visa status can be adjusted and how the EB 5 visa works. 

EB 5 Visa: What Is It? 

The EB 5 visa is a good choice for those who are looking to invest in a real estate or developmental opportunity while also gaining their visa. EB-5 is an employment-based immigrant visa. This is a visa for foreign investors who are wanting to invest in a business that benefits the United States economy. To qualify, the investment made needs to create at least ten permanent jobs for workers in the United States. 

Specifics of the EB-5 Program

There are only 10,000 visas available annually through the EB 5 program due to high demand. To be able to go through the EB-5 program, you must be able to invest a minimum of $800,000 in a TEA (Targeted Employment Area) or in a rural area. You can also invest a minimum of  $1,050,000 in a non-TEA area. Once this is done you are able to file for an I-526 to receive a conditional green card. 

What Documents Do I Need? 

When applying for the EB 5 visa you will need the following documents: 

Project

At Houston EB5, we produce the project documents when you partner with us. We supply the evidence that you have invested in one of the specific business plans by the Regional Center. There will be a letter from USCIS that can be attached to your I-526 form. The investment should be noted in the correct geographic location on the letter as well.

If your business has been placed in a TEA there will need to be evidence of that as well. It should include information that the investment can create 10 direct full-time employment positions. 

Personal

Some of the personal documents you will need are a copy of your and your family’s passport, the Form I-94, as well as any earlier immigration applications. You may need evidence that you have or are going to invest the specified amount of money. Any household registration documents are also required.

You may also need certified copies of any private civil actions, judgments, or government civil or criminal actions from any court in or outside of the United States if they happened within the past 15 years. 

Finance

Some of the financial documentation you may need includes proof of your business ownership, a copy of all business licenses, and evidence of other sources of your capital. You will need the last five years of tax returns and bank statements. Then you need evidence that the funds you are using for your investment were obtained in a lawful way. 

If any of your documents are in a foreign language, you will need a translated copy into English. Your translator must have the certification that shows that they are able to translate from a foreign language to English. 

How Does the EB 5 Adjust My Visa? 

The adjustment of your visa status can happen through different green cards. The way that you go through EB 5 the process may look different than it will for others. Here is what the visa adjustment process looks like through this particular visa: 

  1. Speak With Us: The beginning step of adjusting your visa status is to contact us at Houston EB5. You will be prompted to complete our investor test. After this is filled out, you may be contacted to speak with our team. We can discuss your particular situation and give you the details on moving forward with the EB-5 visa. 
  2. Collect Your Conditional Green Card: Once you have been deemed eligible, you can get a conditional green card that is valid for two years. After you get your green card, you are able to use it similar to a permanent resident, like traveling without needing a visa to enter the United States. 
  3. Request Your Permanent Green Card: When you are ready to apply for your permanent green card, you can complete and file your I-829 application. This can adjust your status from conditional to permanent. Your regional center, like Houston EB5, can provide proof that the investment you have made has successfully produced ten jobs.
  4. Receive Your Permanent Green Card: The conditions of your green card can be removed at the end of two years. You, your spouse, and unmarried children under the age of 21 are then eligible to apply to become United States citizens. 

Conditional Visa to Permanent Residency

When you are applying for a permanent green card, you can fill out an I-8209 to remove the conditions from your card. To do this, you will need several documents.

You will need to provide information that shows you have set up a new business. This information can be copies of federal tax returns and other documents. You will also need evidence to support that you have invested the total amount of required funds. The investment you made will need to be continued throughout the two years. You will need to provide evidence of the investment over the past two years. You can do this by providing documents like:

  • The invoices and receipts from your business
  • Your bank statements and contracts
  • All of your business licenses
  • Your financial statements that have been audited or reviewed
  • The copies of federal and state income tax returns as well as quarterly tax statements
  • Evidence of how many full-time employees you had at the start of your business and how many you have currently
  • Employee tax documents and payroll information

Adjust Your Visa Status With Houston EB5 

It can be intimidating to start the visa process; at Houston EB5, we want to help you throughout the process. Our team can give you all the information you need to go from a conditional green card holder to a permanent resident.