File Form I-526, Petition by Alien Entrepreneur
Upon approval of Form I-526 petition, either:
File Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS to adjust status to a conditional permanent resident within the United States, or
File DS-230 or DS-260, Application for Immigrant Visa and Alien Registration, with the U.S. Department of State to obtain an EB-5 visa for admission to the United States.
Upon the approval of the I-485 application or upon entry into the United States with an EB-5 immigrant visa, the EB-5 investor and derivative family members will be granted conditional permanent residence for a two-year period.
Consular Processing DS-230 Application for Immigrant Visa and Alien Registration is submitted by EB-5 investors with approved I-526 petitions who are not in the U.S. in a valid non-immigrant visa status.
This process is commonly known as “consular processing.” Once an applicant’s I-526 is approved their file is sent by the USCIS to the National Visa Center, which is under the jurisdiction of the U.S. Department of State. The completed forms along with other applications materials are sent by the NVC to the U.S. consulate or embassy in the applicant’s home country. Consular processing applicants must attend an in-person interview where they are issued an immigrant visa. Upon issuance of the immigrant visa, an applicant and their dependent family members are permitted to enter the U.S. Permanent residency status commences on the first date of entry into the U.S. and the green card is mailed to the applicants shortly after their first entry on the immigrant visa.
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