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Documents for EB-5 Visa

EB5 States > EB5 Immigrant Investor Program > Documents

In order to file an EB-5 visa form, the required documents are project, financial, and personal documents.

 

To initially fill out the I-526 Petition, the following documents are necessary:

 

Project Documents:

 

  1. Proof of the investment made into an EB-5 compatible project by the investor.
  2. Proof that the project is in a targeted employment area (TEA).
  3. Proof that the investment is made in a new enterprise.
  4. Regional Centers Private Placement Memorandum, LLC Agreement, the Escrow Agreement, and Subscription Agreement.

 

Financial Documents:

 

  1. Proof of the source of funds, including a complete history. The funds may come from savings, salaries, gifts, the sale of property, or other assets.
  2. Tax statements for the past five years.
  3. Proof that the investor lawfully obtained the funds.

 

Personal Documents:

 

  1. Passport scans for both the primary applicant and dependents.
  2. Birth certificates and marriage certificates of the investors and dependents.
  3. Local or national identification documents.
  4. Duplicates of old immigration applications filed in the past or existing ones.

 

 

  1. Official copies of any judgments passed by the court, past or present, related to any criminal offense.
  2. Evidence of investment in a New Commercial Enterprise (NCE) or active involvement in investing. The NCE can be a sole proprietorship, partnership (limited or general), holding company, joint venture, corporation, business trust, or publicly or privately owned entity.
  3. Evidence of direct or indirect involvement in the management of the NCE through policy formulation.
  4. Evidence that the invested capital was acquired through lawful means.
  5. Evidence that the NCE will create a minimum of 10 full-time jobs for qualifying US workers.
  6. Evidence that the number of employees will be maintained at or above the pre-investment level for at least two years.
  7. Foreign business registration records.
  8. Corporate, partnership (or other entity), personal tax returns, or any other tax returns filed within the last five years, including those from taxing jurisdictions inside or outside the United States.
  9. Evidence of any additional source of capital.
  10. Certified copies of any judgments or evidence of all pending civil or criminal actions, governmental administrative proceedings, and any documents related to private civil actions (pending or otherwise) that involve money judgments against you from any court inside or outside the United States within the past 15 years. Additional requirements for the EB-5 visa:

See also: Regional Center Investments.

 

After filing the I-526 application, the next stage is filling out the I-829 form, which is done to remove the conditions or obtain an EB-5 category green card for the investor through the Investor Green Card Program USA. The required documents for this stage are:

 

  1. Evidence of full investment in the commercial enterprise.
  2. Evidence of the newly formed commercial enterprise for job creation purposes.
  3. Evidence that the invested funds have been utilized and the required jobs have been created.

 

Note: If the personal or financial documents are not in English, complete translations of the above documents must be submitted to the USCIS along with the originals.

 

Further reading: What are EB-5 projects?

 

Check the EB-5 Visa Processing Time

 

Learn about EB5 Regional Centers

 

List of forms for EB-5:

 

  • I-526 petition
  • I-485 application – Adjustment of status
  • DS 260 form
  • I-829 form

 

EB5 States is here to guide you through the path to citizenship through investment. We have successfully assisted many families in navigating the EB5 immigration process. We are happy to answer any questions about the EB5 Visa Process and more.

 

Schedule a meeting for a one-on-one appointment with Vivek Tandon, Esq., a US Lawyer and Investment Banker. Contact us for more information.