he EB-5 Investor Visa is an Immigrant Investor Program that offers foreign investors (and their immediate family) a direct path to U.S. permanent residency in exchange for a substantial investment that creates American jobs. Under EB-5, an investor, their spouse and children under 21 can obtain green cards by investing $1,050,000 (or $800,000 in a qualified Targeted Employment Area) into a new U.S. business that will create at least 10 full-time jobs for U.S. workers. This program is ideal for high-net-worth clients and entrepreneurs looking to secure U.S. residency through job-creating investments.
The EB-5 Investor Visa requires a substantial investment in a bona fide U.S. business. The investment must be significant enough to ensure the successful operation of the enterprise and demonstrate the investor’s commitment. The funds must be “at risk,” meaning they are irrevocably committed to the business and subject to financial loss if it fails.
The applicant must be a national of a country that has an active treaty of commerce and navigation with the U.S. Additionally, the applicant must own at least 50% of the business or hold a controlling position, ensuring they can direct its operations.
The EB-5 Investor Visa is a temporary, non-immigrant visa, typically issued for an initial period of up to five years (depending on the treaty). It can be renewed indefinitely as long as the business remains operational and the applicant continues to meet the visa’s requirements. However, the visa does not directly lead to permanent residency in the U.S.
EB-5 Investor Visa regulations require the capital to be placed at risk in the enterprise –there can be no guarantee of return or redemption prior to meeting program requirements. Clients often ask if their investment is guaranteed; you should emphasize that guaranteed returns or buy-backs are prohibited (the funds must be subject to business risk), although reputable projects aim to repay investors after the required period.
Following Sineva’s step-by-step sales process will ensure EB-5 clients are guided from initial interest to a successful case filing and beyond. Below is the typical EB-5 process flow from lead qualification to green card issuance:
The sales agent evaluates the prospective client’s financial qualifications and immigration goals. Confirm the client has access to the required capital ($800K–$1M+) and understands it must be invested at risk. Also probe for any deal breakers
Once the lead is deemed viable, Sineva works with the client to select a suitable investment opportunity. If the client opts for a regional center project, the sales agent (with support from Sineva’s investment concierge team) can present vetted projects (such as real estate developments, infrastructure projects, etc.) that meet EB-5 criteria. We ensure any project we suggest is compliant with EB-5 rules and has a credible job creation plan. If the client prefers a direct investment (e.g., expanding their own business to the U.S. or purchasing a franchise), Sineva assists in crafting a viable business plan. This phase includes due diligence: confirming TEA status if aiming for $800k, reviewing the project’s timeline (to align with USCIS requirements) and outlining the job creation strategy. The sales agent’s role is to liaise between the client and Sineva’s internal experts – schedule calls with our legal team and business consultants to solidify the investment plan. By the end of this stage, the client should have a clear investment project selected and a roadmap for proceeding.
The client proceeds to allocate their funds into the chosen investment. Often, funds are placed in an escrow account pending the filing of the EB-5 petition. At the same time, Sineva’s legal team works closely with the client to gather all required documentation. This includes comprehensive Source of Funds documentation (bank statements, sale agreements, gift letters, etc. to prove lawful funds), the business plan or offering memorandum demonstrating how 10 jobs will be created, corporate formation documents for the enterprise and any necessary government approvals for the project. The sales agent ensures the client understands which documents they must provide (e.g. personal financial records) and sets realistic timelines. Sineva’s team may hire an economist to prepare a job creation analysis (especially for regional center projects). Every piece of evidence is assembled into the Form I-526 (Immigrant Petition by Alien Entrepreneur) packet.
Once the petition package is complete and the investment is (or is in the process of being) made, Sineva’s attorneys file the I-526 petition with USCIS. (If investing through a regional center, the petition is the I-526E, specific to regional center investors – the process for the client is effectively the same.) The sales agent’s role at filing is to celebrate this milestone with the client – it’s a big step – and to set expectations for the next phase (the waiting game). The client will receive an official USCIS receipt notice confirming the filing.
The petition will spend several months (often years) pending with USCIS. During this period, USCIS may issue a Request for Evidence (RFE) or Notice of Intent to Deny, seeking clarification or additional documentation (for example, about the source of funds or the business plan). If an RFE arrives, Sineva’s legal team prepares a prompt, thorough response. The sales agent keeps the client calm and informed, explaining that RFEs are common and manageable. Regular check-ins (even if just to say we are still waiting) are important. Current processing times for EB-5 vary widely – as of 2023, adjudication of I-526 petitions ranged roughly 29.5 to 61 months (about 2.5 to 5 years) depending on USCIS backlogs.
There is variability: USCIS has introduced priority processing for certain projects (e.g. rural TEA investments are often expedited by law), so some petitions may be approved in under a year, but it’s safest to prepare clients for a multi-year wait. (Note: Premium processing is not available for EB-5 petitions at this time.)
When the I-526 is approved, the client moves on to obtain their conditional green card. If the client is outside the U.S., Sineva’s team guides them through Consular Processing: filing the DS-260 immigrant visa application, submitting civil documents (police certificates, passports, etc.) and preparing for the interview at the U.S. embassy. The National Visa Center (NVC) coordinates this, and an interview is scheduled in roughly 6–12 months after petition approval (timing can vary by the consulate). The sales agent should reassure the client that this stage is usually straightforward – the EB-5 approval is the hard part and now it’s about visa formalities. If the client is already in the U.S. on a valid visa, they may choose to file for Adjustment of Status (I-485) instead of consular processing (assuming an EB-5 visa number is immediately available for their country). Adjustment involves submitting forms to USCIS, doing biometrics and potentially an interview at a local USCIS office. This also takes on the order of several months to a year. Whether via consulate or USCIS, Grupo Sineva provides concierge support: we prep the client for their interview (common questions, required originals) and make sure medical exams and paperwork are in order.
Upon success at the consulate interview (or adjustment approval), the investor (and their spouse and qualifying children) become Conditional Permanent Residents of the U.S. They will receive a CR1/CR2 immigrant visa stamp in their passports, use it to enter the U.S., and then get physical 2-year Green Cards by mail. The sales agent can congratulate the client – they can now live, work, and study in the U.S. like any resident. However, remind them this green card is conditional, tied to the EB-5 job creation requirement. The clock starts on the 2-year period during which they must sustain the investment and create the jobs. Sineva’s role continues in a support capacity through this period.
During the conditional residency, the investor needs to implement the business plan. In a direct investment, this means the client must actively run the business and hire/maintain the required employees. In a regional center scenario, the project’s developers will be executing the plan – Sineva will monitor the project’s progress through updates. The sales agent should maintain a relationship with the client, as a satisfied EB-5 client often generates referrals. It’s important the client stays compliant (e.g., if the business changes materially or jobs creation is falling short, they should alert Sineva/legal for guidance). We also advise clients on travel and residency rules (they should not stay abroad too long, as it could jeopardise permanent resident status).
21 to 24 months into the conditional residency, it’s time for the final step: filing the I-829 petition to remove conditions. Sineva’s legal team will work with the client (and the regional center or their business) to compile evidence that the investment was sustained and 10 jobs were created as required. Evidence might include a business payroll records, tax filings, employee rosters, bank statements showing the funds remained invested, etc. The I-829 filing window starts 90 days before the 2-year green card expires. Once the I-829 is filed, the client’s residency is automatically extended pending its adjudication (which can take 1-2+ years). The sales agent’s role is mainly to encourage the client to engage early for the I-829 prep and Sineva handles the heavy lifting of the filing.
When USCIS approves the I-829, the investor and family become full permanent residents (10-year Green Card holders) with no conditions. This is the finish line of the EB-5 journey – the client now has a stable green card and can live or work anywhere in the U.S. without immigration restrictions. Down the road, they may choose to pursue U.S. citizenship after 5 years of residency. Many clients do, and Sineva can assist with the naturalization process when the time comes. At this point, the sales agent should celebrate the success story – this is a powerful testament to future EB-5 prospects of how Sineva supports clients from start to finish.
Our internal preparation process—which includes consultation, document collection and drafting—depends largely on how quickly the client provides the necessary information. On average, preparing a complete and well-documented application can take a few weeks.
Once the petition is submitted, the wait time for an interview varies based on the specific consulate and the time of year. Some consulates may offer relatively quick appointments, while others could experience longer delays depending on demand and backlog.
Decisions are often made at the time of the interview or shortly thereafter. Once approved, the visa is typically issued and the passport returned within a reasonable timeframe, depending on the consulate’s internal processing capacity.
While uncommon in consular cases—since the full application is presented in advance—RFEs may occur more frequently in change of status cases filed with USCIS. If issued, an RFE can introduce additional processing time. Our goal is to reduce this risk through thorough and strategic preparation.
For clients renewing from within the United States, processing times for status extensions through USCIS can vary. Average timelines tend to span several months under standard processing, depending on USCIS workload and service center.
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