The USA Immigrant Investor Visa Process has Four steps.
Fill out Form I-526, Immigrant Petition by Alien Entrepreneur, with U.S. Citizenship and Immigration Services (USCIS).
Along with the form, you will be required to submit documentary evidence supporting:
- Your investment in a for-profit new commercial enterprise.
- Your active involvement in the new commercial enterprise’s management.
- Your investment of the required amount along with evidence that your investment funds were obtained through lawful means by submission of documents such as:
- Business registration records
- Personal and business tax returns, and other tax returns of any kind filed within the past five years
- Documents identifying any other income or money source
- Certified copies of all pending civil, criminal, and money judgment proceedings against you within the past 15 years.
- Creation of the required number of full-time jobs. You will be required to submit a comprehensive business plan indicating the need for at least ten employees due to the nature and size of the new commercial enterprise. You must also provide approximate dates, within a period of two years, when each employee will be hired. If your investment falls under the classification of a regional-center affiliated case, then you must show that the capital investment was made in compliance with the business plan of the regional center. Only then will you receive credit for the indirect jobs that you have created through your investment.
- Preservation of required full-time jobs in a troubled business through the submission of a business plan. Regional center cases must show compliance with the business plan of the regional center.
No labour certification is required for an immigrant investor.
Upon approval, fill out Form I-485 with USCIS to adjust your status to one of conditional permanent resident within the US. Alternatively, you may also fill out DS-230 for immigrant visa and alien registration with the Department of State so that you can obtain an EB-5 visa for admission to the United States.
Application for an immigrant visa can be made at a US embassy or consulate outside the USA only after the submission of Form I-526 has been approved by USCIS.
Upon USCIS approval, the form is sent to the National Visa Center (NVC), which assigns a case number to the application.
NVC will instruct you to fill out Form DS-261 regarding Choice of Address and Agent when your priority date meets the most recent qualifying date. This form will not be required if you have an attorney.
Pre-processing begins when NVC provides instructions for payment of appropriate fees.
After payment of the fees, NVC will ask you to submit the necessary immigrant visa documents.
According to NVC instructions, you must schedule and complete your mandatory medical examination. The examination must be performed by an authorized physician. You must also receive required vaccinations before the visa interview.
When NVC determines that the file is complete and contains all necessary documents, they will schedule your interview appointment.
NVC will send the file to the US Embassy or Consulate where the visa interview will take place.
You, your attorney, and any third-party agent will receive the appointment emails specifying the date and time of the interview along with other instructions. Letters will be sent if no email address is available.
You will be interviewed by a consular officer who will determine whether or not you are eligible to receive the visa.
You are required to bring a valid passport along other documents not previously submitted to the interview.
If your visa is approved, your spouse, and unmarried children under the age of 21 may be admitted to the US during the two-year conditional period.
After the two years, you are required to submit Form I-829: Petition by Entrepreneur to Remove Conditions. The documentary evidence to be provided with this form includes:
Proof of your investment in a new commercial enterprise. The proof may include documents such as: copies of the organizational documents of the business and federal tax returns filed by the business. The aforesaid list of documents is not exhaustive and you may be required to submit other documents that provide adequate proof of your investment.
Proof that you have invested the required funds or that you are actively in the process of investing the required amount of funds in the new commercial enterprise.
Proof that you have sustained the investment made in the new commercial enterprise throughout the two-year period for which you were granted conditional permanent residence. This proof includes:
Proof that you have created or will be creating, within a reasonable period of time, 10 full-time jobs for individuals falling under the definition of qualifying employees. Such proofs may includeBusiness payroll records
Relevant tax documents
Employee Forms I-9
The above-mentioned list of documents is not exhaustive and you may be required to submit all other documents that serve as proof of creation of employment in the new commercial enterprise.
The documents listed as proof for creation of jobs will also be required as proof that the investor has, instead of creating, maintained the number of existing employees in the enterprise at a level not below the pre-investment level for the period of two years for which the applicant has been granted admission as a conditional permanent resident. Further, at least ten jobs must be maintained.
If the investor’s case is a regional-center affiliated case, the investor will only be credited with the preservation of indirect jobs if he or she has shows that the capital investment was made in compliance with, and according to, the business plan of the regional center.
Upon approval of Form I-829, your spouse and unmarried children under the age of 21 will become permanent residents. Once given the status of lawful permanent residents, your spouse and your children will be legally permitted to work in the USA or attend school in the USA.
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