Documents You’ll Need for Your EB-5 Visa Application

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When applying for an EB-5 visa, you need to file for forms I-526 and I-829. Form I-526 proves that you’ll fulfill the immigration program’s requirements. Form I-829 helps you remove permanent residence conditions for investing in a new commercial venture. You should submit the proper documentation to the United States Citizenship and Immigration Services (USCIS) for approval. Here are the documents needed for a successful EB-5 visa application. 

Supporting Documents for I-526 Petition

If you’re an investor wishing to reside in the United States, filing form I-526 grants you a conditional 2-year residency. For the immigration agency to approve the form, you should submit the following documents:

Personal Documents 

  • Your marriage and birth certificates and those of your family members
  • Copies of your personal and dependents’ passports, both expired and current
  • Photocopy of past immigration applications
  • Certified imprints of any pending government civil actions or judgments within the last 15 years
  • Evidence that you’ve invested in the minimum EB5 investment fund ($800,000 or $1,050,000), depending on your investment location

Project Documentation 

  • Evidence that your business is established within a geographic area designated by a Regional Center (USCIS issues a letter specifying your investment location.)
  • Proof that you’re investing in a for-profit venture within a targeted employment area (TEA)
  • Confirmation that your project within the set location will create a minimum of 10 indirect or direct full-time jobs (If your entity has not been documented for job creation, submit a detailed business plan verifying that the nature and size of the project will require at least ten workers.)
  • Proof that your business will maintain all the employees in operation for a 2-year pre-investment period
  • Evidence that you will be in charge of the new enterprise through daily managerial control or policy formulation

Financial Documents 

  • Business registration records to prove that you’re the business owner 
  • Copy of business licenses 
  • Personal and business tax statements for the last five years
  • Evidence that you obtained the investment funds lawfully 
  • Imprints of your bank statements within the past 5 years
  • Financial statements for all your ventures 
  • Proof identifying other sources of your capital, such as gifts or sale of assets

Documentations for Form I-829

Filing for the I-829 application changes your resident status to full permanent residency. USCIS approves your applications if you submit all the required evidence as listed below:

  • Proof that you created a new commercial business (You can use federal tax returns or your enterprise organizational documents to verify.)
  • Verification that the investment has met the job creation requirement for the EB-5 visa program (Use tax records or payroll records as evidence for your full-time workers.)
  • Evidence that you used the total investment amount ($800,000 or $1,050,000) in your project
  • Confirmation that your enterprise has been in operation for the 2-year conditional residence (Evidence includes business receipts and invoices, audited financial statements, contracts, project licenses, tax returns, etc.)

Once you present the relevant documents to USCIS and the Form I-829 petition is approved, your spouse and children under 21 years gain total permanent residence in the United States. They can attend school and work anywhere in the country without providing any further documentation. 

Translations and Copies for EB-5 Visa Application Documents 

If your documents are not written in English or contain portions in another language, a complete translation must be given to USCIS together with the originals. This will make it easy to understand all the details included in the documentation. The USCIS also requests for the translator’s certification to ascertain their competence in translating foreign languages to English.

Submit legible copies of all the documents (not the original ones). Your regional center may ask for an original copy of the document if it is to be filed with a petition or application. 

Apply for Your EB-5 Visa

To be granted permanent residence through an EB-5 visa, your I-526 and I-829 forms should be approved. The USCIS uses the details provided in the documents to verify whether you meet the requirements for the EB-5 visa program. You must submit viable evidence to the USCIS, such as personal, financial, and project documents. Consider an experienced EB-5 regional center to help you understand all the details required for I-526 and I-829 approvals.

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