Step-by-Step Guide to Apply for USA EB-5 visa: The EB-5 visa program involves investing in a new business that provides a minimum of 10 full-time jobs for U.S. workers.
This article will outline the process and qualifications for applying for this visa to study and work abroad.
How to Apply for the USA EB-5 Visa
 1. Investment Criteria
To qualify for an EB-5 visa, one must make an eligible investment in a new enterprise that creates jobs in the United States. If the project is situated in a targeted employment area (TEA)—defined as a rural area or a region with significant unemployment—the required minimum investment is $900,000.
For projects located outside of a TEA, the minimum investment rises to $1.8 million. These amounts are adjusted every five years to account for inflation.
Investors can choose to make a direct or indirect investment through the EB-5 program. A direct investment involves the investor owning, managing, and overseeing the creation of jobs within the business. On the other hand, an indirect investment entails the use of a regional center, an entity authorized by U.S. Citizenship and Immigration Services (USCIS), to pool funds from multiple investors and allocate them across various projects. Achieving the job creation requirement is generally more straightforward with a regional center, as it can count both direct and indirect jobs generated by its ventures.
Eligible EB-5 investments span a variety of projects, such as hotels, restaurants, manufacturing plants, office buildings, shopping malls, and more.
As there are no guarantees of success or a return on investment, it is crucial for investors to conduct thorough research and due diligence before committing. Factors like location, market demand, management, financial forecasts, exit strategies, and risk assessments should all be carefully evaluated.
 2. Job Creation Criteria
A vital condition for obtaining an EB-5 visa is providing evidence that your investment led to the creation of at least 10 full-time jobs for U.S. workers. These positions must offer a minimum of 35 hours of work per week and remain in place for no less than two years.
The jobs can be created within your own company or within other businesses that are directly or indirectly influenced by your investment.
3: The Application Process for USA EB-5 Visa
Applying for an EB-5 visa involves several stages, each requiring specific forms and documents to be submitted to USCIS. Depending on the number of applications and visa availability, the process can take months or even years. Below is an overview of the key steps and forms involved:
 Step 1: File Your Initial Petition (Form I-526)
The first step is to submit Form I-526, Immigrant Petition by Alien Investor. Along with this form, you must provide evidence of your investment and job creation. A filing fee of $3,675 is also required.
Once submitted, USCIS will review your petition to determine whether you meet the qualifications for an EB-5 visa. Processing times can vary based on the complexity of your case and the volume of applications USCIS is handling. Typically, it takes around 18 months, though the timeline can be shorter or longer depending on various factors.
If your petition is approved, USCIS will send you a notice of approval (Form I-797). This grants you conditional permanent residency for two years. Afterward, you can proceed to the next stage of the process.
If your petition is denied, you will receive a notice of denial (Form I-797). In this case, you can either submit a new petition with updated information or consider appealing the decision.
Step 2: Apply for Your Visa or Change Your Status
Depending on whether you are in the U.S. or abroad, you will either apply for your visa or adjust your status.
If you are outside the U.S.:
You will need to apply for your EB-5 visa at a U.S. consulate or embassy in your country. You must complete and submit Form DS-260, the Online Immigrant Visa Application, through the embassy’s website. A $345 visa fee per person is also required.
After submitting your application, you will be scheduled for an interview at the consulate or embassy. During the interview, you will present your original documents and answer any questions. If approved, your visa will be stamped into your passport, allowing you to enter the U.S. as a conditional permanent resident.
– If you are already in the U.S.:
You will need to apply to adjust your status to conditional permanent resident. This is done by filing **Form I-485**, Application to Register Permanent Residence or Adjust Status. A filing fee of $1,225 per person must be included.
After USCIS processes your application, you will be scheduled for an interview at a local USCIS office. During this interview, you will present your original documents and answer some questions. If everything is in order, you will be issued a green card confirming your status as a conditional permanent resident.
By following these steps and ensuring all required documents are submitted, you will be one step closer to securing your EB-5 visa and achieving your goal of U.S. permanent residency.
### Step 3: Submit Your Final Petition (Form I-829)
As you approach the end of your two-year conditional permanent residency, it’s time to prepare for the final stage of your EB-5 journey. You have a 90-day window before your conditional residency expires to submit **Form I-829**, the petition to remove conditions on your permanent resident status.
In this step, you’ll need to provide evidence that you’ve not only protected your investment but also created or preserved at least 10 full-time jobs during your two years as a conditional resident. Don’t forget that a filing fee of **$3,750 per person** is required.
USCIS will carefully review your petition to determine if you’ve met the necessary criteria to lift the conditions on your permanent residency. Depending on the complexity of your case and the volume of applications USCIS is handling, the processing time may vary. Typically, this stage takes around **24 months**, but be prepared for potential variations based on your specific situation.
Once USCIS approves your petition, you will receive a notice of approval (Form I-797). Congratulations—you’ll now hold **unconditional permanent resident status**, which means you can live and work in the U.S. without restrictions. After five years of permanent residency, you’ll be eligible to apply for U.S. citizenship.
However, if your petition is denied, you will receive a notice of rejection (Form I-797), and the conditions on your residency will remain in place. But don’t worry—this doesn’t have to be the end. You can request a review of the decision by an immigration court or file an appeal to challenge the denial.
Completing this final step successfully brings you closer to achieving your goal of full permanent residency or even U.S. citizenship, but it’s essential to stay diligent and submit the necessary documentation to show that you’ve met all the program’s requirements.