What Investors Need to Know About Consular Processing and the EB-5 Visa Interview

Authors: Samuel B. Silverman, Kate Kalmykov, and Bruce C. Rosetto

The EB-5 Immigrant Investor Program allows foreign nationals to obtain permanent U.S. residency through investment. For those applying from abroad, consular processing is how investors can secure an immigrant visa. This involves applying at a U.S. consulate or embassy in their home country and attending an interview.

It is important to note that consular processing differs from adjustment of status, which is available to investors already in the U.S. on a valid non-immigrant visa. Instead of applying from abroad, these investors can simply adjust their status without having to leave the U.S.

Although moving the U.S. as a permanent resident can be complex, this guide will walk you through each step of the EB-5 visa process, from the approval of Form I-526E to the final stages of entering the United States and obtaining your Green Card.

Step 1: Approval of Form I-526E

First, the U.S. Citizenship and Immigration Services (USCIS) needs to approve your Form I-526E. This form establishes that your EB-5 investment complies with all the program requirements. Once approved, your case will then be passed on to the National Visa Center (NVC). There, they will handle the next steps of your visa application.

Step 2: National Visa Center (NVC) Processing

Once USCIS approves your Form I-526E, the NVC will assign you a case number. They will then guide you through the next stages. You’ll need to pay the required visa processing fees before you can continue your application.

Once the fees are paid, you’ll upload your documents online through the Consular Electronic Application Center (CEAC). These documents include financial statements, civil records, and any other required evidence of your investment.

It’s important to double-check your documents. Any inaccuracies or mistakes can delay the process.

Step 3: Submitting Form DS-260

Form DS-260 is an important online form available through CEAC. You’ll need to provide details about your personal history. This includes your address history, family background, and details about your employment history. Double-check everything, as mistakes can cause delays or even application denial.

Before submitting, carefully review all the information. Once you submit it, you’ll receive a confirmation page. Print this and bring it along with you to your interview.

Step 4: Gathering Supporting Documents

The NVC will confirm which documents you’ll need to submit. These documents usually include:

• Passport: Your passport must be valid for at least six months beyond your intended date of entry to the U.S.
• Civil documents: This can include birth and marriage certificates, police records, and any other relevant legal documents.
• Financial evidence: This is to verify the lawful source of your EB-5 investment funds. Evidence can include tax returns, bank statements, business records, or property sale documents.
• Form I-526E approval notice: Include a copy of the USCIS notice approving your I-526E petition.
• DS-260 confirmation page: Be sure to print the confirmation page after submitting Form DS-260. Bring this to your visa interview.

It’s important to have these documents organized neatly and accurately to ensure your visa processing goes smoothly.

Step 5: Completing the Medical Examination

This is to ensure that applicants meet U.S. health standards, and it is only valid if conducted by an authorized physician through the U.S. embassy or consulate where your interview is set to take place. You should be able to find a list of authorized physicians on the embassy’s website.

This examination usually covers a physical exam, a review of your medical records, and required vaccinations. Once this is done, your physician will give you a sealed envelope containing your medical results. You’ll need to bring this with you to your interview.

To make sure things run smoothly, gather all records of past vaccinations or any important health conditions. These details might be needed during your exam.

Step 6: Attending the Visa Interview

The visa interview is the final stage.

Once your documents are reviewed and you’ve completed your medical exam, the NVC will schedule your interview. This will occur at the U.S. embassy or consulate in your home country. Several weeks before, you will receive an appointment letter with the interview date, time, and location.

Make sure all your documents are organized and ready for review. This includes your passport, DS-260 confirmation page, medical exam results, and any evidence of finances.

You might be asked questions about your EB-5 investment, source of funds, and if you’ve visited the U.S. before. You’ll want to prepare a confident and well-thought-out explanation of how your investment meets the job creation requirements of the EB-5 program.

Remember to be honest and brief when answering the questions.

Step 7: Receiving Your Immigrant Visa

If your visa is approved, your passport will now have an immigrant visa stamp.

You’ll also receive your visa packet. It is important not to open it. You will present it to the U.S. Customs and Border Protection (CBP) officer upon arrival in the United States.

Usually, your passport and visa packet are available for pickup or delivery a few days following your interview. You’ll need to follow the instructions given by the embassy or consulate on how to collect these documents.

Step 8: Entering the United States and Obtaining Your Green Card

Once you’ve been approved and collected all the necessary documents, you can enter the U.S. with your immigrant visa. When you arrive at a U.S. port of entry, you’ll present your passport and visa to the CBP officer.

You’ll then be asked some questions by the CBP officer. Once the officer is satisfied, they will allow you to enter the U.S. as a lawful permanent resident.

Your conditional EB-5 Green Card will be sent to the U.S. address that you provided. Usually, it arrives within a few weeks to a few months, depending on any current processing delays.

Shortly before the end of your two-year conditional permanent residency, you need to file Form I-829 to remove the conditions on your EB-5 Green Card.

Learn More About Consular Processing

Consular processing involves accurately clearing several stages. By following this guide, EB-5 investors can more confidently go through this process. With careful preparation and by paying close attention to details, you’ll improve your chances of successfully obtaining U.S. residency.

To learn more about consular processing and stay informed, investors should consult with experienced immigration attorneys. It’s also a good idea to receive support from industry professionals at each stage of your EB-5 journey.