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THE EB-5 PROCESS The procedure for obtaining an EB-5 Investor Green Card is relatively straightforward. -         submits an I-526 application, -         5 years of tax returns to substantiate the source of investment funds. The funds can be the investor’s own money or in the form of a loan not secured by the EB-5 investment or a gift, which would allow a parent to gift the funds to a son or daughter. Gift taxes, if required in the investor’s home country, must be paid. The investor must also present evidence, through bank transfers and other financial documentation that the invested capital came directly from the investor to the EB-5 enterprise. – due diligence of the EB-5 project, the investment is made and an investor I-526 petition is filed with USCIS, requiring USCIS to certify that the applicant and the investment are eligible for EB-5 status. The approval of the I-526 petition takes from 4-6 months for Regional Center cases and usually longer for regular program cases. Once USCIS approves the investor’s Green Card, it is conditional for a period of 30 months (two and a half years). – at the end of second year ( 21-24 months) after the conditional Green Card has been approved, the investor must reconfirm that the investment has been made or is still in place and that the employment requirement has been fulfilled or maintained. An application to remove the conditional Green Card status is filed with USCIS. -        U.S. Citizenship is possible approximately two and a half years later ( a total of five years after approval of the conditional Green Card), upon satisfaction of U.S. residence. The above summary of the EB-5 Regional Center Program should not be considered as legal advice or a complete description of the program. The prospective investor is strongly urged to contact a knowledgeable immigration attorney to review their specific circumstances. Further, times noted to complete the approval process are approximations and the time required to complete the process are dependent on each individuals specific circumstances.

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