An investor must apply to the USCIS for EB-5 Visa qualification through the submission of a number of required elements including: USCIS forms, business plans and economic (job creation) predictions, financial information, and other supporting evidence.

A potential investor must file a form I-526 for Alien Entrepreneur along with the documents supporting the business in which the investment is being made in order to meet the requirements of the EB-5 Investor Visa programme. If this application is approved, the investor and immediate family (spouse and single children under 21 years old) may apply for an Immigrant Visa at the US Consulate, or if the investor is already in the US, apply for adjustment of status at any regional USCIS office. The entire application process could take anywhere from nine to fifteen months to complete.

There are only two requirements to keep your green card for life once you receive it. First and foremost, you must avoid becoming removable or inadmissible. The most common method is to be convicted of a serious crime.

The second requirement is that you do not abandon your permanent residence in the United States. As long as you do not intend to relocate, you are still considered a legal resident of the United States.

You should have a conditional Green Card for two years if you obtain your Green Card through investment (EB-5). You must apply for the condition to be removed within 90 days of the two-year period expiring. Once approved, you will have a regular unconditional Green Card that must be renewed every ten years.

Family unit consisting of husband, wife, and all minor children (under age 21). Adopted kids can be treated like biological ones in some families. If you are granted permission to travel, you will be given a form to sign as proof of permission and a travel document. A temporary green card will also be sent to you.

In order to receive conditional permanent residence visas, investors and their families must first submit to medical, police, security, and immigration background investigations through the Consular application process. Consular officers may inquire about any and all matters included on the I-526 petition and accompanying documents during the interview, including the nature of the investment. Investors and their families who are already in the United States can petition for status adjustments at local USCIS offices.

Failure by a project to return capital can occur for a several reasons, including:

1. The project goes into trouble, cannot maintain cash flows, and is not successful.
2. The fund does not have collateral on the project, ability to force withdrawal / repayment.

You can apply for a reentry permit (on form I-131) before you leave the US. You can depart before the reentry permit is approved.

With such a reentry permit, you can return to the U.S. even after one year until the reentry permit’s expiration date. Reentry permits are issued for two years. You cannot renew a reentry permit, but you can return to the U.S. for a short time and apply for a new one. The second such reentry permit will be granted for two years ago, but subsequent ones may only be approved for one year at a time. An investor should consult with an immigration attorney.