If you live outside the US, you can become a permanent resident through consular processing. During consular processing, USCIS works with the Department of State to issue a visa on an approved Form I-526, Immigrant Petition by Alien Entrepreneur, when a visa is available.
Getting lawful permanent residence (“Green Card”) through the EB-5 classification is a three-step self-petitioning process.
- The applicant should get Form I-526, Petition for an Alien Entrepreneur approved.
- He/she must either file an I-485 application to adjust status to lawful permanent resident OR apply for an immigrant visa at a US consulate or embassy outside of the US. The EB-5 applicant (along with his/her derivative family members) are granted conditional permanent residence for a two year period upon the approval of the I-485 application or upon entry into the US with an EB-5 immigrant visa.
- Form I-829 Petition by an Entrepreneur to Remove Conditions has to be filed 90 days prior to the two year anniversary of the granting of the EB-5 applicant’s conditional Green Card. If this petition is approved, the EB-5 applicant will be issued a new Green Card without any further conditions attached to it, and will be allowed to permanently live and work in the US.
Your spouse and unmarried children under the age of 21 can come to the US with you on a two-year conditional period. If your I-829 petition to remove conditions is approved, then the conditions will be removed from your spouse and children’s Green Card status. As a lawful permanent resident (Green Card holder) your spouse and children will be authorized to work or attend school in the US.
Generally, when you have a pending Form I-485, it is possible for you to apply for authorization to work in the US and to seek advance parole (advance permission to travel and be admitted to the US upon your return).
Benefits of the Green Card: EB-5
- You have unlimited right to live anywhere in the US.
- You do not require an employment authorization to accept employment.
- You can establish and run your own business.
- You do not need a family member or employer to sponsor you.
- You can sponsor Green Cards for your relatives.
- You can become a U.S. citizen once you have been a permanent resident for more than five years.