Citizenship by Naturalization: The Last Step of the EB-5 Process

The EB-5 program remains one of the quickest pathways for obtaining a U.S. Green Card and, eventually, U.S. citizenship.

Although U.S. lawful permanent resident status is the primary benefit of the EB-5 program, the program also sets EB-5 investors on a direct path to U.S. citizenship. Some EB-5 investors are content with being permanent U.S. residents, while some go all the way to realizing their ultimate goal of becoming U.S. citizens.

However, U.S. citizenship is only the final step in a complex EB-5 process, and an EB-5 investor must complete several steps to qualify for U.S. citizenship.

In this article, we’ll discuss the requirements for U.S. citizenship by naturalization, how an EB-5 investor can qualify for it, and the steps involved in processing U.S. citizenship.

Moving From an EB-5 Investor to a U.S. Citizen

The EB-5 program involves a complex process culminating in U.S. permanent resident status or, for investors who wish to pursue it, U.S. citizenship. An EB-5 investor must successfully progress through each stage of the EB-5 process to become eligible to apply for U.S. citizenship by naturalization.

The process of moving from an EB-5 investor to a U.S. citizen involves the following steps.

Make an EB-5 Investment

The EB-5 journey starts with investing in a new commercial enterprise (NCE). In most cases, this is a regional center-sponsored EB-5 project. To qualify for the EB-5 visa, foreign nationals must invest at least $1,050,000 in an NCE, or $800,000 if the NCE is in a targeted employment area. The project must create and maintain at least 10 jobs for qualified American workers per EB-5 investor.

Before making an EB-5 investment, prospective investors must decide whether to invest directly or through a regional center. If investing through a regional center, they must also review several regional centers and their EB-5 offerings to determine which best suits their immigration and financial goals.

File Form I-526E

Form I-526/I-526E is used to petition for immigrant status via the EB-5 program. EB-5 direct investors will file Form I-526, while regional center investors will file Form I-526E.

When submitting an I-526E petition, EB-5 investors must include supporting documents that prove their eligibility for the EB-5 program. For regional center investments, these documents include an EB-5 NCE partnership agreement, bank statements, tax filings, and identity documents, among many others.

Apply for a Green Card Through Adjustment of Status or Consular Processing

After filing an EB-5 petition and receiving approval, an EB-5 investor can apply for lawful permanent resident status. How you’ll apply depends on your location when filing your I-526E petition.

Eligible EB-5 investors in the U.S. can file Form I-485 (Application To Register Permanent Residence or Adjust Status) along with their I-526E petition. EB-5 applicants outside of the U.S. must go through consular processing. They’ll have to file Form DS-260 (immigrant visa application) at the U.S. consulate or embassy in their country of residence.

If your Form I-485 or DS-260 is approved, you’ll receive conditional permanent residence status, which is valid for two years.

File Form I-829

EB-5 investors can apply to remove the conditions on their Green Cards at the end of their two-year conditional residence. They must submit Form I-829 three months before their conditional permanent residence card expires.

To qualify for removal of conditions, you must provide evidence that your investment remained “at risk” for at least two years and that it created and maintained the 10 required jobs. If your I-829 application is successful, you’ll receive a permanent residence card.

Apply for U.S. Citizenship

After five years of residing in the U.S. as a permanent resident, interested EB-5 investors can apply for U.S. citizenship. Importantly, the two years of conditional residence count toward meeting the required five years of residence.

Benefits of Becoming a U.S. Citizen

While U.S. permanent residents enjoy benefits similar to those of U.S. citizens, certain benefits are available only to U.S. citizens. These benefits include the following:

• Voting rights: U.S. citizens have the freedom to vote in federal, state, and local elections.
• Sponsorship: While EB-5 investors can add their dependents (their spouse and unmarried children under 21) to their EB-5 application, U.S. citizens have the ability to sponsor parents and adult married children to join them in the U.S.
• Governmental work: Becoming a U.S. citizen gives one the ability to work in the U.S. federal or state civil service.
• Unrestricted travel: Whereas someone with lawful permanent resident status may face issues if they travel out of the U.S. for more than a year at a time, U.S. citizens can travel for as long as they want without restrictions.
• Deportation immunity: Unlike permanent residents, U.S. citizens cannot be deported for criminal convictions.

Eligibility Requirements for U.S. Citizenship by Naturalization

To qualify for U.S. citizenship, EB-5 investors must have held lawful permanent resident status for five years (including the two years of conditional permanent residency). Also, EB-5 investors must do the following:

• Provide proof of continuous residence in the U.S. for the last five years.
• Have been physically present in the U.S. for at least 30 months out of the last five years and must not have spent more than 180 days at a time outside the U.S.
• Have resided in their current district or state for at least three months.
• Prove that they have good moral character.
• Be able to speak, read, and write basic English.
• Demonstrate a belief in the principles and ideals of the U.S. Constitution.
• Have basic knowledge and understanding of the U.S. Civics.
• Take the Oath of Allegiance to the United States.

Steps to Acquiring U.S. Citizenship by Naturalization

EB-5 investors who meet the five-year residency requirement can apply for U.S. citizenship by filing Form N-400, Application for Naturalization. They can file Form N-400 90 days before completing the continuous residence requirement.

Just like the EB-5 program, the process of acquiring U.S. citizenship by naturalization involves several steps. We’ll look at each step in the following sections.

Prepare Your Application

Once you have received your EB-5 Green Card and have continuously resided in the U.S. for five years, you can apply for U.S. citizenship by naturalization. However, you must first prepare all relevant supporting documentation proving your eligibility for citizenship. You should also read USCIS’s instructions for filing Form N-400.

File Form N-400 and Pay Applicable Fees

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After gathering all necessary supporting evidence, you must complete Form N-400. You can file Form N-400 online or via mail. If you’re applying online, you must first create an online USCIS account. You can also pay the application fee online.

As with Form I-526E, you must submit supporting documentation along with your naturalization application. These supporting documents include the following:

• A copy of your Green Card.
• A marital status document—including a marriage certificate, divorce or annulment decree, or spouse’s death certificate (where applicable).
• Criminal history records (if any) to prove good moral character.
• Proof of continuous residence and physical presence—this can include IRS tax transcripts, bank statements, and rent or mortgage payments.
• Selective Service registration, if applicable.
• Medical certification for disability exceptions, if applicable.

Depending on your situation, there may be other case-specific required documentation. Your immigration lawyer will assess your circumstances and advise you on additional necessary documents.

After submitting Form N-400 and paying all applicable fees, you’ll receive a receipt notice from USCIS.

Attend a Biometric Appointment

USCIS collects biometric information from citizenship applicants to conduct an array of background checks. If they require your biometrics, they’ll send you an appointment notice. The notice will contain your biometric appointment date, time, and location. You must attend this appointment to submit your biometric data.

Attend an Interview

After completing the preliminary processing of your application, USCIS will schedule you for a citizenship interview. You must attend the interview at the USCIS office on the scheduled day and time with your appointment notice. Along with the interview, you’ll take the citizenship test (English proficiency and U.S. Civics) at that scheduled time.

Receive a Decision From USCIS

Once USCIS reaches a decision on your application, they’ll mail you a notice of decision. Their decision will be one of three outcomes:

• Granted: This means they have approved your application.
• Continued: This means that you need to provide additional documents or that you failed the citizenship test the first time.
• Denied: This means USCIS has found you ineligible for citizenship and have denied your application.

Take the Oath of Allegiance

If USCIS approves your N-400, you must take the Oath of Allegiance to the United States at a naturalization ceremony. You’ll receive a Notice of Naturalization Oath Ceremony (Form N-445) containing the date, time, and location of the ceremony. Before the ceremony, you must complete the questionnaire on the Form N-455.

A USCIS officer will review your responses to the questions on Form N-445 during the ceremony. You’ll submit your Green Card, take the Oath of Allegiance, and receive your Certificate of Naturalization.

Start Your U.S. Citizenship Process With EB5AN

The EB-5 investor visa offers a quick pathway to obtaining U.S. permanent residency and eventual citizenship. However, the process involves many steps, and setbacks at any point may jeopardize your ability to obtain citizenship. If you’re considering pursuing U.S. citizenship through the EB-5 program, you should seek counsel from EB-5 professionals.

EB5AN can help you start the process of becoming a U.S. citizen. In over a decade of practice, we’ve helped over 2,300 families successfully relocate to the U.S.

For more information about the EB-5 pathway to U.S. citizenship and assistance in starting your citizenship journey, book a free one-on-one consultation with our expert team today.