Your Pathway to U.S. Residence

EB-5 Immigration Process

  1. Interview Immigration Lawyers

    The EB-5 journey begins with the right legal advisor. We can point you to a network of experienced immigration attorneys who specialize in the EB-5 process. They will assist in verifying your investment funds' legitimacy and navigating complex legal pathways, ensuring your application has the best opportunity for approval.

2. Invest in Berkeley

Your investment of at least $800,000 goes beyond real estate; it addresses a vital housing shortage near the world's 9th-ranked university, Berkeley, California, and paves your way towards U.S. residency. The Berkeley Student Housing project is nearing completion, with substantial funding already secured by the developers.

3. Submit Application

Submitting your I-526E petition is a critical step. This document tells your investment story and its alignment with EB-5 requirements. Your attorney will help craft a compelling narrative that includes your source of funds, the project's job creation forecast, and the economic impact. Our team will guide you through each requirement, ensuring every 't' is crossed and 'i' dotted.

If you hold a temporary U.S. visa when submitting your application, you can request a change of status to remain in the U.S. for living, working, and studying, while your application is in process.

4. Achieve Conditional Residency

The approval of your I-526E petition heralds a new chapter. You'll obtain a two-year conditional residency, during which you can live, work, and study in the U.S. This period allows you to experience American life first-hand while your investment continues to yield results.

5. Permanent Residency

Two years following the start of your conditional residency, an evaluation of your investment's compliance with requirements takes place. Should the project fulfill its job creation obligations and your funds continue to be at risk, you are eligible to apply for the removal of residency conditions. This entails submitting Form I-829, marking the final stage before you and your family can secure permanent residency status.

Frequently Asked Questions

  • The EB-5 Investment Program is a United States visa program that provides eligible immigrant investors with a method to obtain a green card (permanent residency) by investing in a business that creates jobs for U.S. workers.

  • The required investment is $800,000, which is the standard for projects located in a Targeted Employment Area (TEA).

  • Like all investments, your EB-5 investment does not come with a guaranteed profit or return. It is considered 'at-risk' capital, indicating that it is exposed to potential gains or losses, a mandatory aspect of the EB-5 program.

  • The timeline can vary based on a number of factors, including the investor's country of origin and the current USCIS processing times. Based on the current cases, it may take anywhere from 12 to 30 months to achieve conditional residency after filing your I-526E petition.

  • Yes, your investment can provide green cards to you, your spouse, and any children under the age of 21.

  • A TEA is a rural area or an area that is experiencing high unemployment of at least 150% of the national average. Investments in these areas qualify for the reduced $800,000 investment threshold instead of $1,050,000.

  • The EB-5 program requires that each investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the investor's admission to the United States as a conditional permanent resident.

  • Failure to demonstrate the required job creation can lead to the denial of your I-829 petition to remove conditions on your residency. It is crucial to invest in projects, like the Berkeley Student Housing, with a strong job-creation plan.

  • No, active involvement in the project's management is not a requirement for investors. You are a limited partner, fulfilling the EB-5 program’s criteria without direct, day-to-day management responsibilities.

  • The EB-5 petitioner application, or the I-526E Petition, is the official document for applying for the EB-5 visa. This form verifies that the investor has either commenced or completed the investment of the necessary capital in an eligible EB-5 project.

  • The I-829 Petition, which is the last step in the EB-5 process, is filed 1 year and 9 months after the approval of your I-526E. This petition is essential for removing the conditions on your permanent residency, and it serves to confirm that your EB-5 investment has met the required job creation goals.

  • This agreement stipulates a commitment to keep your funds invested in the project for a period of 3.5 years.

  • Due diligence is essential. We recommend working with investment bankers who can provide thorough research into any projects. Additionally, eb5Marketplace offers free due diligence on our Berkeley Student Housing project, emphasizing transparency and consistently updating its progress and financial health.

  • The return of your investment is not contingent upon the success of your green card application. The terms of your investment's return depend on the project's success and are independent of your immigration process.

  • Call our 24/7 Free International line to get in touch with our team and discuss the next steps or visit our Contact page for more options.