Once Form DS-260 is approved, EB-5 investors will receive a visa from the National Visa Center (NVC). That visa will be inserted into their passport with a date of issuance. The visa is usually valid for up to six months after the date of issuance—meaning that foreign nationals have up to six months from the date of issuance of their visa to enter the United States. If, however, their medical examination expires sooner than six months after the date of issuance of the visa, the visa is valid only until the date of expiration of the medical examination.
Yet having a valid visa does not guarantee immigration or even entry into the United States. When traveling, EB-5 investors should have their passport—with their visa included—and the envelope of sealed official documents given to them after their interview in their home country. Upon arrival at the port of entry (the location through which they enter the United States) all documents should be given to the Customs and Border Patrol (CBP) agent. The agent will then determine if authorized entry will be granted and document an approved length of stay.
EB-5 investors who are immigrating with their immediate family members—spouse and minor children—must either travel with their family or arrive before them. Family members who are entering the United States with an EB-5 visa may not do so before the primary applicant (investor). After receiving authorized entry, the investor and their family members will be granted conditional permanent resident status for a period of two years, allowing sufficient time for the investor to be engaged in the operation of their EB-5 investment project.
The EB-5 investment industry has seen some significant changes since the passing of the EB-5 Reform and Integrity Act in March 2022. That said, it would be in the investor’s best interest to secure the services of an EB5 investment industry expert, such as an immigration attorney, who can provide professional guidance and ensure compliance during the lengthy process.
