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The EB-5 Process

a step by step timeline of the EB-5 process

Step

1

Evaluate, Assess and Prepare to File I-526 Petitions

  • EB-5 Project Selection (Check out our open EB-5 Projects)
  • Investor chooses to work with Minnesota’s #1 Regional Center – International Creative Capital, LCC (ICC)
  • ICC has investor complete a questionnaire to ensure eligibility, performs OFAC (Office of Foreign Asset) and AML (Anti-money laundering) Checks
  • Partnership and Escrow Agreements
  • SOF (source of funds) assessment with Immigration Attorney
  • SOF documentation of funds along with other documents for I-526
  • Deposit of EB-5 Investment funds to escrow account

time to complete estimate: 30 – 63 Days

I-526 is the form used by an applicant to petition the USCIS for status as an immigrant to the United States.

Step

2

File I-526 Petition

  • Processing of application by ICC EB-5 attorney is optional but recommend, ICC has a 100% success rate of I-526 approvals
  • USCIS processes petition

20-27 months average processing time*

*COVID-19 may impact USCIS processing time

USCIS - United States Citizen and Immigration Services

Approval

I-526 petition approved

Step

3

If you live in the United States: File I-485

If you live overseas: File DS-260, attend visa interview at a U.S. Consulate

  • You may have to wait to file, if your Priority Date is not current. The Priority Date for EB-5 visas is the filing date of the I-526 petition. A Visa Bulletin is published monthly with cut-off dates by visa type (employment based, fifth preference) and country (which is based your country of birth).

6-12 months processing time

Conditional Permanent Resident Card (Green Card)

Valid for 2 years (24 months), allows you to work, play, travel at will the USA including multi-entry to home country

Step

4

File I-829 petition to remove conditions of Green Card

  • Must be filed during the 90 days before the conditional green card expires.

24-38 months average processing time

The I-829 (Petition by Entrepreneur to Remove Conditions) is the final application submitted to the USCIS by an investor before he/she can become a lawful permanent resident of the United States. This petition includes evidence that the investor successfully met all of the USCIS EB-5 requirements.

Permanent Resident Card (Green Card)

renew every 10 years

*Average time based on a typical family, however it varies case by case. USCIS publishes current processing times for different forms here: https://egov.uscis.gov/processing-times/ historical averages can be found here: https://egov.uscis.gov/processing-times/historic-pt

EB-5 Investors

Learn About the EB-5 Program

Program Details, Eligibility, Process and More

U.S. Companies Seeking Funding

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More information for U.S. companies interested in EB-5 program

Premium EB-5 Projects

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Common EB-5 Questions

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