U.S. Citizenship by Investment process

1、EB-5 application and application process

① Submit the form I-526, Immigration Petition for an independent investor, or Form I-526E, Immigration petition for a Regional Center Investor.

If you can obtain an immigrant visa immediately, you may submit Form I-485, register for permanent residence, or Adjustment of status along with your Form I-526 or I-526E while your Form I-526 or I-526E is pending processing, or after your Form I-526 or I-526E has been approved.  To ensure that you receive an immigrant visa immediately after you submit your Form I-485, please refer to the Visa Availability and Priority Dates and Status Application chart Adjustments and Visa Announcements on the Visa Bulletin page of our website.

② After we approve your application for Form I-526 or Form I-526E, you may:

○  Submit the DS-260, Application for Immigrant Visa and Alien Registration with the U.S. Department of State in order to obtain an EB-5 visa abroad to seek entry into the United States; or

○  Submit Form I-485 to USCIS for Permanent Residence or adjustment of status (if you have not submitted Form I-485 before the approval of Form I-526 or Form I-526E) to adjust your status to a conditional permanent resident in the United States.  Once we approve your Form I-485 application or enter the United States on an EB-5 immigrant visa, we will grant EB-5 investors and derivative family members conditional permanent residency for a period of two years.

③ By submitting Form I-829 within 90 days prior to the second anniversary of your adjustment of status or entry into the United States as a conditional permanent resident, the investor applies to remove the conditions of permanent resident status.

④ If USCIS approves this application, we will remove these conditions from your legal permanent resident status and the status of any dependants you include.

 

1、Who can apply to change status to E-2 classification

If the treaty investor is currently in legal nonimmigrant status in the United States, they may submit Form I-129 to request a change of status to the E-2 classification.  If the desired employee is currently in legal nonimmigrant status in the United States, eligible employers can submit Form I-129 to request a change of status to the E-2 classification on behalf of the employee.

 

General qualifications of treaty investors

To qualify for the E-2 classification, treaty investors must:

○  Are nationals of countries with which the United States maintains treaties of commerce and navigation

○   Has invested or is actively investing a significant amount of capital in a real business in the United States; and

○   Seeking entry into the United States for the sole purpose of developing and directing investment enterprises. This was determined by showing at least 50% ownership of the business or having operational control through managerial positions or other company equipment

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