Steps To Obtain Your Temporary and Permanent US Green Card
1. EB-5 investors who are seeking to invest must first register by contacting us and, under certain conditions, they may need to qualify as an “accredited investor” (see definition below).
2. Once we receive your contact information we will review your information and, if you are not required to be an accredited investor, we will send you the offering documents for our current project.
If you are required to be an accredited investor, we will contact you and send you a further information sheet to complete and return indicating whether or not you are an “accredited investor”. If you are an accredited investor, we will then contact you and send you the offering documents for our current project.
An “accredited investor” is defined by the U.S. Securities Act of 1933 as a person who has an individual net worth, or joint net worth with a spouse, that exceeds $1 million (excluding the value of their principal residence) or has an income exceeding $200,000 in each of the two most recent years or joint income with a spouse exceeding $300,000 for those years and a reasonable expectation of the same income level for the current year.
3. If you decide to invest with Become American Investor, you will need to complete and sign the Investment Documents which include the Subscription Agreement and the Escrow Agreement and are included in the offering documents.
4. You will then need to fund your investment. The total funds required under the Subscription Agreement, which include the $500,000 investment plus the Administration Fee of $45,000 (a total of $545,000) must be sent to the Escrow account established by Become American Investor pursuant to the instructions in the Subscription Agreement. Upon receipt of funds into Escrow, and assuming the Subscription Agreement and Escrow Agreement are properly completed we will sign and return both documents to you.
5. You will select your Immigration Attorney. We have a list of recommended attorneys but you are free to choose your own. You must make arrangements to pay the Immigration Attorney separately. Once you have chosen your Immigration Attorney, we will then submit the Investment Documents to that attorney in order for the attorney to file your I-526 Petition, which is the first step toward your goal of receiving a temporary (conditional) US green card. We will supply the necessary Project documents, including the economic study and business plan, to go with your application.
6. The I-526 Petition is then adjudicated by the USCIS. The approval process is normally more than 4 months and may be more than a year, depending on the complexity of your application and the response time of the USCIS. Upon approval, foreign investors must then schedule an interview at the U.S. consulate or embassy in their country. Immigrant investors living in the U.S. may file an I-485 petition to adjust their status to lawful residency. If approved, all funds in the Escrow Account are disbursed, your investment in the Project is made and you have a two year temporary (conditional) US green card. If the I-526 Petition is denied, funds in the Escrow Account are returned to you after exhausting appeals and if the denial was beyond the Investor’s control.
In certain circumstances the Escrow Account may be disbursed before approval of the I-526 Petition. In that case, if the I-526 Petition is denied, after appeals and subject to the conditions set forth above, ORC will seek a substitute EB-5 investor to replace the denied Petitioner. The documents applicable to the project should be examined to determine disbursement criteria.
Upon receiving the temporary (conditional) visa, the principal applicant and the eligible family member(s) must enter the U.S. within 180 days. The two-year conditional period starts upon the day the Conditional Visa is issued.
7. The final step of the immigration process is the filing of the I-829 Petition to remove conditions and receive permanent and unconditional green card status. The I-829 Petition must be filed within 3 months prior to the expiration of the two year conditional green card.
Upon approval by the USCIS, the immigrant investor and his/her family who received the conditional green cards will be issued permanent green cards.