US Publishes Forms for Foreigners To Apply for Green Cards Under EB-5 Route

• The US Citizenship and Immigration Services published a step-by-step breakdown of the EB-5 immigrant investor programme on its official website
• Prospective investors must choose between two petition forms depending on whether they are applying independently or through a regional centre
• Approved EB-5 investors and their qualifying family members receive conditional permanent residence for two years before they can apply to lift conditions

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The United States Citizenship and Immigration Services (USCIS) has published a detailed breakdown of the EB-5 immigrant investor programme, giving foreign nationals a structured roadmap for obtaining a Green Card through investment.

The guidance, made available on the USCIS official website, covers every stage of the process from the initial petition filing through to the removal of conditions on permanent residence.

Filing the EB-5 petition

The first step requires prospective investors to submit either Form I-526, the Immigrant Petition by Standalone Investor, or Form I-526E, the Immigrant Petition by Regional Center Investor.

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The applicable form depends on whether the individual is investing independently or channelling funds through a USCIS-designated regional centre.

Once a visa number becomes immediately available, applicants may file Form I-485, the Application to Register Permanent Residence or Adjust Status. This can be submitted concurrently with the I-526 petition, while it remains pending, or after USCIS has approved it.

Foreign nationals residing outside the United States who have received approval on their I-526 or I-526E petition may take an alternative route by submitting Form DS-260 to the US Department of State. This allows them to obtain an EB-5 visa and seek admission to the country from abroad.

Upon approval of the I-485 or following admission on an EB-5 immigrant visa, USCIS grants the investor and any qualifying derivative family members conditional permanent residence for a period of two years.

Removing conditions on permanent residence

The final stage of the EB-5 process requires investors to file Form I-829, the Petition by Investor to Remove Conditions on Permanent Resident Status.

USCIS requires this submission to be made within the 90-day window immediately preceding the second anniversary of the applicant's adjustment of status or admission as a conditional permanent resident.

If USCIS approves the I-829 petition, conditions are lifted from the investor's lawful permanent resident status as well as from that of any dependents covered by the same application, effectively converting a conditional Green Card into a full, unconditional one.

The EB-5 programme is designed to attract foreign capital into the American economy by offering a pathway to permanent residency in return. The published guidance provides investors with clarity on what each stage of that journey requires before they can secure long-term legal status in the United States.

US announces 3-year rule for green card and citizenship seekers

In a related development, the United States announced a policy change that could affect thousands of foreign nationals seeking green cards or citizenship.

The US has introduced a new three-year continuous residence requirement. Under the policy, immigrants who have held Temporary Protected Status (TPS) or Deferred Action for Childhood Arrivals (DACA) will be required to demonstrate at least three years of continuous physical presence to be considered eligible for lawful permanent residency or naturalisation.

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Source: YEN.com.gh