The EB-5 Timeline as a Pathway to U.S. Citizenship

The EB-5 program grants U.S. permanent residency to foreign nationals in exchange for their investment in the U.S. economy. Interested foreign nationals must invest $1,050,000 in a new commercial enterprise (NCE)—or $800,000 if the NCE is in a targeted employment area—that will create at least 10 full-time jobs for American workers.

While permanent residency is the primary goal of the EB-5 visa, many investors continue on to pursue the ultimate goal of U.S. citizenship. This is unsurprising since EB-5 offers a straightforward route to U.S. citizenship and the many benefits it entails.

This article explores EB-5 as a pathway to U.S. citizenship and the EB-5 to citizenship timeline.

EB-5 Pathway to U.S. Citizenship

As mentioned above, an EB-5 visa offers one of the most straightforward pathways to U.S. residency and eventual citizenship. It is also one of the quickest routes—especially after the passage of the EB-5 Reform and Integrity Act of 2022 (RIA).

After five years of residence in the U.S. with an EB-5 Green Card, you can apply for U.S. citizenship by naturalization. To apply for U.S. citizenship, you must complete and submit a Form N-400 and provide the relevant supporting documents.

While this sounds simple in theory, the EB-5 process can be complex, and investors must go through several steps before qualifying for U.S. citizenship.

EB-5 to U.S. Citizenship Timeline

The EB-5 to citizenship timeline can take a few years because of the numerous steps involved in the process. The EB-5 investment category and case-specific complexities also significantly affect the timeline of the EB-5 to citizenship pathway.

The EB-5 timeline for obtaining U.S. citizenship is generally broken down as follows:

• Project selection and source of funds documentation: This step involves analyzing EB-5 offerings and choosing the right project with the help of EB-5 professionals. At this time, an EB-5 immigration attorney will also help you prepare documentation of your lawful source of funds.
• I-526E filing: Your immigration attorney helps you prepare and submit a Form I-526E petition and the necessary documents. The process from project selection to I-526E filing typically takes a few weeks, depending on how fast you can obtain the required documents.
• I-526E approval: USCIS adjudicates your I-526E petition and approves it if you meet all requirements. I-526E approval times differ dramatically between post-RIA and pre-RIA investors.
• EB-5 Green Card application: Upon receiving your I-526E approval, you’ll apply for an EB-5 immigrant visa through consular processing or adjustment of status, depending on your location. If you’re eligible for it, you can apply for adjustment of status at the same time as your I-526E petition, meaning you don’t have to wait for its approval first. By making a rural TEA investment and adjusting status through concurrent filing, you may complete this step in under 12 months. Once done, you’ll receive a conditional Green Card valid for two years.
• I-829 filing: You must apply for the removal of Green Card conditions by filing a Form I-829 90 days before your conditional Green Card expires. You’ll receive a permanent Green Card valid for 10 years upon the removal of conditions.
• Citizenship application: After five years of lawful residence in the U.S., you can apply for U.S. citizenship by naturalization. These five years include time spent on a conditional Green Card.

The EB-5 timeline for U.S. citizenship can take as little as six years for rural TEA investors. For Chinese and Indian pre-RIA investors, the timeline can extend to decades.

Benefits of U.S. Citizenship

While an EB-5 Green Card allows you to live and work permanently in the U.S., citizenship offers additional benefits not available to Green Card holders. These benefits include those listed below:

• Right to vote: U.S. citizenship gives you the right to vote in local, state, and federal elections. It also gives you the right to run for public office.
• Unrestricted travel: U.S. citizens can travel in and out of the U.S. without restrictions. They can also remain abroad for extended periods without losing their ability to re-enter the U.S. Conversely, Green Card holders can lose their legal resident status if they stay abroad for up to two years.
• Government employment: Most federal and state government institutions and agencies only employ U.S. citizens. Therefore, becoming a U.S. citizen enables you to work for the U.S. government.
• Enhanced sponsorship rights: Whereas permanent citizens can only sponsor their spouses and unmarried children, U.S. citizens can sponsor their adult married children, parents, and siblings to join them in the U.S. So, obtaining U.S. citizenship aids family reunification.
• Deportation immunity: While a Green Card allows you to live permanently in the U.S., you can be deported if you become the subject of certain criminal convictions. A U.S. citizenship, however, grants you deportation immunity.

Requirements for U.S. Citizenship

You must meet specific eligibility requirements to qualify for U.S. citizenship by naturalization after obtaining your EB-5 Green Card. To meet these criteria, the following must be true:

• You have continuously resided in the U.S. for the last five years.
• You have been physically present in the U.S. for at least 30 months in the last five years, and you must not have spent up to 180 days per year outside the U.S.
• You have lived in your current district for at least three months.
• You have a basic command of English—in other words, you must be able to speak, read, and write basic English.
• You have a good moral character.
• You have a clean criminal background record.
• You have a basic understanding of U.S. civics.
• You believe in the ideals and principles of the U.S. Constitution.
• You swear an Oath of Allegiance to the United States.

To prove you are eligible, when submitting your citizenship application, you must attach your travel and immigration history, police records, and other relevant supporting documents proving you meet these requirements. Some of the other requirements, such as passing the background check and swearing the Oath of Allegiance, are based on your biometrics appointment and naturalization interview and test.

Meeting the Continuous Residence and Physical Presence Requirements

While the other eligibility criteria are important, one of the key requirements for U.S. citizenship is continuous residence. As outlined above, to be eligible for U.S. citizenship after five years of holding an EB-5 Green Card, you must have maintained lawful residence in the U.S. for five years before your citizenship application. You also must have been physically present for at least 30 months out of those five years.

Although the continuous residence and physical presence requirements appear the same, they’re different. They are both distinct criteria that serve to establish your attachment to the U.S. as a qualification for citizenship.

Furthermore, you must show that you have resided in your current district for at least three months before your citizenship application.

Continuous Residence

Continuous residence means you must have maintained primary residence in the U.S. for five years before your N-400 application. This means you must not have spent extended periods outside the U.S. during these five years.

Short trips abroad (less than six months) will not count against your continuous residence. On the other hand, extended trips abroad of more than six months can disrupt your continuous residence and make you ineligible for naturalization.

Physical Presence

Physical presence refers to the cumulative number of stays outside the U.S. in the qualifying five years. You must have been physically present in the U.S. for at least 30 months of those five years.

Whereas continuous residence deals with extended absences, physical presence deals with the number of whole days spent in the U.S. This is why it’s so important to distinguish between the two.

Start Your Journey to U.S. Citizenship With an EB-5 Visa

Provided they’ve maintained continuous residence and physical presence in the U.S., an EB-5 investor can qualify for U.S. citizenship after five years of holding an EB-5 Green Card. This timeline makes an EB-5 visa one of the few immigration routes that offers a relatively fast pathway to U.S. citizenship, aside from family visas—which, of course, require you to already have a qualifying family member in the U.S.

This journey to U.S. citizenship starts with making an EB-5 investment. EB5AN can provide the guidance you need to make the right EB-5 investment. In our 10+ years of history, we’ve guided over 2,300 families from 60 nationalities in achieving their dream of U.S. permanent residency. We can do the same for you.

Book a one-on-one call today with our expert team to learn more about the EB-5 pathway to U.S. citizenship.