If you live outside the US, you can become a permanent resident (green card holder) of the US through consular processing. The USCIS will work with the Department of State to grant a visa on an approved Form I-526, Immigrant Petition by Alien Entrepreneur, when a visa is available. To qualify under this category, you should be willing to invest between US$ 500,000 and US$1,000,000 depending on the employment rate in the geographical are, in a commercial enterprise that will create at least 10 new full time jobs for US citizens. Getting lawful permanent residence through the EB-5 category is a three-step self-petitioning process.
- You have to file and get Form I-526, Petition for an Alien Entrepreneur approved.
- You are required to either file an I-485 application to adjust status to lawful permanent resident status OR apply for an immigrant visa at a US consulate or embassy in your country. You, the EB-5 applicant (along with your derivative family members) will be granted conditional permanent residence for a period of two years, once your Form I-485 is approved or upon your entry in the US under the EB-5 classification.
- Form I-829, Petition by an Entrepreneur to Remove Conditions should be filed. It is important to note that it has to be filed 90 days prior to the two year anniversary of the granting your conditional Green Card. Once this petition is approved, you will be issued a new green card without any further conditions attached to it. You will be permitted to permanently live and work in the US legally.
Your spouse and unmarried children under the age of 21 can accompany you to the US on a two-year conditional period. When your petition to remove conditions is approved, then the conditions will be removed from your spouse and children’s green card. As lawful permanent residents, your spouse and children are legally permitted to work or attend school in the US.
If you have a pending Form I-485, you can apply for authorization to work in the US and seek advance parole (advance permission to travel abroad and be allowed to the US upon your return).
Benefits of the Green Card: EB-5
- You have unlimited right to live anywhere in the US.
- You do not require an employment authorization for employment.
- You can start and run your own business.
- You do not need a sponsor (family member or employer)
- You can petition your relatives for green card status.
- You can become a US citizen once you have been a permanent resident for more than five years and fulfill other requirements.