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From Preparation to I-829 Petition: Our Process

EB 5 visas are what we do best here at Houston EB5. Our preparation process gets you through the investment phase all the way to an I-829 petition. Immigration can be intimidating and difficult to understand. Here is what our process looks like:

What Is the EB5 Immigrant Investor Program?

Under the EB5 program, investors, their spouses, and unmarried children under the age of 21 can become eligible to apply for a green card. The investor must invest a minimum of $1,050,000, or $800,000 when investing in a TEA (targeted employment area). The project must also be able to provide or preserve ten full-time jobs for qualified United States citizens. Houston EB5 can help investors to simplify this process by utilizing our knowledge and expertise. Here is what our process looks like: 

Step One: Eligibility of Investor

The first step of our process is finding out whether or not an investor is eligible for an EB5 visa. This requires an investor to contact Houston EB5 for information regarding EB5 visas and their eligibility requirements. To find out if an investor is eligible for this visa, they will first take our eligibility questionnaire. Once the questionnaire is filled out, an experienced EB5 immigration attorney will review and provide an evaluation.

Then Houston EB5 will contact the investor to inform them whether they are eligible or not. An eligible investor will have the EB5 investment amount and will be able to keep the investment in the project for approximately five years. They will have obtained the funds for the investment lawfully. This first step is key to becoming an investor and obtaining an EB5 visa. Once we verify that the investor is eligible, we can proceed with the next step.

Step 2: Application for Conditional Green Card

The next step in the process is to work with us (the regional center) to apply for a conditional green card. This green card is valid for two years and is available for investors and their immediate families. To get a green card, an investor must go through the EB5 investment process. Here is the process to apply for a green card:

Hire an Attorney

Investors will start by hiring an attorney. Their attorney will then provide them with a list of all the documents needed depending on the source of the funds. Their attorney will also assist in various phases of the application process.

Consult the Regional Center

The next step involved is for the attorney to consult with Houston EB5 (the regional center). We will provide a project template to the attorney. This template includes project-related documents including TEA (targeted employment area), job creation, and more.

Subscribe to a Project

The attorney gives this information to the investor. If the investor chooses, they can then move forward and subscribe to a commercial enterprise with Houston EB5.  The investor will pay the administrative fees, and obtain documentation for the source of the funding.

Gather Required Documents

Investors will need to provide copies of any older immigration applications, their passports, and their immediate family members’ passports. They will also need to provide evidence of the EB5 investment amount being made or when it will be made. If an investor has been in any governmental actions that are pending within the past years, copies of those documents will be required as well. Household registration documentation may be asked for as well. Once all of the required documentation has been prepared, the investor will send the investment and the attorney will send the I-526E petition to the USCIS for approval.

Finalize Approval Process

The USCIS will either reject or approve the petition. If the petition is approved, the investor will have either a consular interview or adjustment of status. In an adjustment of status, the investor will file their application to the USCIS while remaining in the US. The consular interview is for investors who are overseas while the application is pending. A consular officer will review documents and question the investor and any accompanying beneficiaries to determine if they are eligible for the visa. At the end of the interview, the consular officer will inform the investor if they have been approved or denied.

Step 3: Receive Green Card and Reap Benefits

Once an investor’s application is approved, they can receive their conditional green card. This green card is valid for two years. While this green card is in use, investors and their immediate families can live anywhere within the United States. They can travel, work, go to school, and reap the same benefits as permanent residents. While investors are settling into their new lives, the EB5 project they invested in is run by others leaving the investor free from having to manage the project.

Step 4: Removal of Conditions on Green Card

After the investor has subscribed to a project and the payment has been made, the attorney will file the I-526 E pIn month 21, investors can apply to remove the conditional status on their green card. Houston EB5 will gather the project documentation for the attorney to submit the I-829 petition. The documents needed will be evidence that an investor has created/invested in a new commercial enterprise. The documents showing that investors have invested the entirety of the required EB5 investment amount are needed. They will need evidence that the investment has been kept during the two years when the investor had a conditional green card. To make sure an investor has kept their investment, they will need to give documentation of it. These are some of the documents Houston EB5, the regional center, will provide:

  • Bank statements regarding the investment
  • Business licenses created for investment purposes
  • Contracts between the investors that show investment
  • Copies of Federal or State income tax returns and/or quarterly tax information
  • Financial statements that show funds for the investment
  • Information regarding the ten full-time employment opportunities created by investment
  • Invoices or receipts acquired by the business

Once all of these documents have been gathered and submitted, an investor’s application for a permanent green card will be pending. After approval, an investor will be a permanent green card holder. While waiting for approval, the investor keeps the status of conditional green card holder. An investor can apply for permanent citizenship after their green card has been held for five years.

EB 5 Visas With Houston EB5 

Preparation for this process can potentially look and feel intimidating. At Houston EB5, we want to help make this process as seamless as possible for immigrants. We understand how the process works and can help navigate investors through the necessary steps. To learn more about EB5 visas and Houston EB5, contact us today.