EB-5 Visa Renewal and Citizenship

1. EB-5 Visa Renewal and Maintaining Status

EB-5 Visa holders initially receive Conditional Permanent Residency, valid for two years. To maintain status and eventually gain full permanent residency, the following steps must be completed:

A. Conditional Residency Period (First 2 Years)

• Receive Conditional Green Card: After successful processing of the EB-5 application (Form I-526 or I-526E), applicants and their eligible family members receive Conditional Permanent Resident status.

• Maintain Investment and Job Creation: Ensure the EB-5 investment remains active and "at risk" for the two-year period.

• Meet Job Creation Requirements: For each EB-5 investor, the investment must create or maintain at least 10 full-time jobs for U.S. workers.

B. Removing Conditions (Form I-829)

• File Form I-829 (Petition to Remove Conditions): Within 90 days before the two-year expiration of your Conditional Green Card.

• Provide Evidence of Compliance: Documentation showing that the investment remains active, the required jobs were created, and all other EB-5 requirements are met.

• Processing Time: The average processing time for Form I-829 can range from 12 to 30 months.

• Receive Permanent Green Card: If Form I-829 is approved, you and your family will receive full, unconditional Green Cards.

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2. Maintaining EB-5 Visa Status

To maintain your EB-5 status and avoid issues during the renewal process:

• Keep Investment Active: Ensure the invested funds remain "at risk" in the U.S. business or project.

• Document Job Creation: Maintain accurate records of job creation or job maintenance for U.S. workers.

• Avoid Fraud or Misrepresentation: Ensure all documentation is accurate and truthful.

• Maintain U.S. Residency Requirements: Spend a significant portion of your time in the U.S. to avoid being considered as having abandoned residency.

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3. Transitioning to U.S. Citizenship After EB-5

EB-5 visa holders who have maintained permanent residency may become eligible for U.S. citizenship. The process involves the following:

A. Eligibility Criteria for U.S. Citizenship:

• Continuous Permanent Residency: Must have been a Lawful Permanent Resident (Green Card holder) for at least five years (or three years if married to a U.S. citizen).

• Physical Presence: Must have been physically present in the U.S. for at least 30 months out of the five years before applying.

• Good Moral Character: Must demonstrate good moral character, as assessed by USCIS.

• English Language Proficiency: Must demonstrate the ability to read, write, and speak basic English.

• U.S. History and Civics Knowledge: Must pass a naturalization test covering U.S. history and government.

B. Application Process for U.S. Citizenship:

1. Complete Form N-400 (Application for Naturalization):

   • Submit the application online or by mail, with the required fee.

   • Provide supporting documents (Green Card copy, identification, and travel history).

2. Attend Biometrics Appointment:

   • Provide fingerprints, photographs, and a signature.

3. Complete the Citizenship Interview:

   • Answer questions about your application and background.

   • Complete the English and civics test.

4. Receive a Decision:

   • Approval: You will be scheduled for a naturalization ceremony.

   • Denial: You may appeal the decision or reapply later.

5. Take the Oath of Allegiance:

   • Attend the naturalization ceremony, take the Oath, and receive your Certificate of Naturalization.