How the Process Works

Every EB-5 project undertaken by our Regional Center must receive formal approval by the USCIS. We prepare all the necessary documentation and manage the application process to ensure compliance with EB-5 program requirements. The Regional Center and general partner sources the immigrant investors and works with their legal counsel and financial advisors to ensure suitability to participate in the EB-5 program that includes background checks and source of funds verification among others. The investment proceeds of each individual investor are deposited and held in an escrow account established at an independent financial institution until the approval of the individual I-526 Immigrant Petitions by Alien Entrepreneur filed with USCIS.

Once approved, the investment proceeds are disbursed in accordance with the agreed upon terms and conditions of each EB-5 project.  Only after an immigrant investor’s I-526 Petition is approved, are they then eligible to seek conditional lawful permanent resident status or conditional Green Card, for a two-year period via Consular Processing if they reside outside the U.S. or via Adjustment of Status if they are lawfully present in the U.S.  The immigrant investor and his or her spouse and unmarried children under 21 are eligible to participate in the conditional Green Card process at this time.

The two-year period of conditional lawful permanent resident status is required to ensure that the USCIS can verify that the objectives of the EB-5 project and the EB-5 program have been satisfied.  Generally, it is during this two-year period of time that the direct and indirect job creation must occur.  The qualified commercial enterprise or project that receives the EB-5 financing is responsible for the job creation.  Our Regional Center carefully monitors its EB-5 projects and regularly updates immigrant investors in connection with the job creation and other matters.

From the time the investment proceeds are disbursed from the escrow account and during the two-year period of conditional lawful permanent resident status, the investment proceeds must remain at risk until such time as the USCIS approves the individual I-829 Petition by Entrepreneur to Remove Conditions submitted by each immigrant investor. This is the process by which the USCIS verifies that the objectives of the EB-5 project and the EB-5 program have been met.  Immigrant investors are eligible to submit the I-829 Petition ninety days prior to the expiration of their two-year period of conditional lawful permanent resident status.  Upon the approval of the I-829 Petitions, the conditions to lawful permanent resident status are removed and the immigrant investors and their accompanying family members receive permanent Green Cards. Once all the I-829 Petitions of a particular EB-5 project are approved and all immigrant investors and their accompanying family members receive permanent Green Cards, it is at this point in an EB-5 project that the role of the USCIS is complete and their involvement ceases.

Generally, the total investment period of our EB-5 projects is five years from the time that the loan documents are executed and the investment proceeds are disbursed to the commercial enterprise or EB-5 project. Only after the role of the USCIS is completed, then and only then, are loans made to qualifying commercial enterprises or EB-5 projects eligible for pre-payment.  Immigrant investments are irrevocable and non-refundable, except in the event an I-526 Immigrant Petition by Alien Entrepreneur is denied or the immigrant investor fail to timely file the I-526 Petition, in either case funds will be returned to the account of origin. For more detail, please refer to the Investment section.

Through every step of this process, our Regional Center is actively engaged with all concerned parties to ensure the success of the EB-5 project and the satisfaction of the EB-5 program requirements.