Documents Nedded

When applying for an EB-5 Visa, there are several forms and applications that need to be filed with the USCIS in order to achieve permanent residency status. This page will help you to better understand the EB-5 process and the various milestones along the way to achieving permanent US residency.

FORM I-526, PETITION BY ALIEN ENTREPRENEUR

SUPPORTING DOCUMENTATION (EVIDENCE)

After selecting a project and putting funds in escrow, EB-5 investors are eligible to submit their I-526 application for immigrant investor status to the USCIS. The three main categories of information submitted with an I-526 Application include Project Documentation, Personal Documentation, and Financial Documentation.

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Evidence that the investor has made an investment in a designated Regional Center in accordance with the approved regional centre business plan. Form I-526 should be accompanied by a letter from USCIS designating the Regional Center. Your investment must be in a commercial enterprise located within the geographic area specified in this letter.

Evidence, if applicable, that your company has a presence in a targeted employment area.

Evidence that an investor’s investment in the Regional Center will generate at least 10 full-time jobs, either directly or indirectly.

PERSONAL DOCUMENTATION

Personal Passport (both current and expired) and Form I-94

Passport Copies of Family Members (all pages)

Evidence that you have invested or are about to invest the required amount ($1,050,000 or $800,000).

Household Registration

A copy of any previous immigration applications is required.

Certified copies of any judgements, pending governmental civil or criminal actions, or private civil actions brought against the petitioner in any court in or outside the United States in the previous 15 years.

Proof of Business Ownership
Copies of all business licences
Tax Returns for the Previous 5 Years (both business and personal)
Bank Statements from the previous five years
Evidence of Other Capital Sources
Financial statements for each business
Evidence that the investment funds were obtained lawfully Translations

Any documents containing a foreign language that are submitted to USCIS must be accompanied by a full English language translation certified as complete and accurate by the translator, as well as the translator’s certification that he or she is competent to translate from the foreign language to English.

Unless an original document is specifically required to be filed with an application or petition, a legible photocopy may be submitted. Original documents submitted will remain a part of the record, even if the submission was not required.

FORM I-829 PETITION TO REMOVE CONDITIONS

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Evidence that you started a new commercial venture. This evidence may consist of, but is not limited to, copies of the company’s organisational documents and Federal tax returns.

Evidence that you have invested the entire amount required.

Evidence that you maintained your investment in the new commercial enterprise during your two-year conditional permanent residence period. This evidence may include, but is not limited to:

Invoices and receipts for business

Account Statements

Contracts

Business permits

Financial Statements that have been audited or reviewed

Complete copies of federal and state income tax returns, as well as quarterly tax statements.

Evidence of the number of full-time employees at the start of your company and now. Examples of such evidence include, but are not limited to:

Payroll records for businesses

Tax documents that are relevant

Note: Your spouse and unmarried children under the age of 21 may accompany you to the United States on a two-year conditional basis. If your I-829 petition to remove conditions is approved, the conditions will be removed from the Green Card status of your spouse and children as well. Your spouse and children will be able to work and attend school in the United States if you are a lawful permanent resident (Green Card holder).

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