· All documents containing a foreign language submitted to USCIS must be accompanied by a full English language translation certified as complete and accurate by the translator, and by the translator’s certification that he or she is competent to translate from the foreign language to English.
· Unless an original document is specifically required to be filed with an application or petition, a legible photocopy may be submitted. Original documents submitted will remain a part of the record, even if the submission was not required.
After selecting a project and putting funds in escrow, EB-5 investors are eligible to submit their I-526 application for immigrant investor status to the USCIS.
During the first step of applying for this visa, a foreign investor files the I-526 petition along with substantial supporting documentation.
Form I-526, Petition by the foreign investor – Supporting documentation
The three main categories of information submitted with an I-526 Application include Project Documentation, Personal Documentation, and Financial Documentation.
1. Project Documentation
· Evidence that the investor has invested in a designated Regional centre according to the approved regional centre business plan. A letter from USCIS should be attached with Form I-526 designating the Regional centre. Your investment must be in a business enterprise within the geographic area specified in this letter.
· Evidence, if applicable, that your business has been established in a targeted employment area.
· Evidence that investor’s investment in the Regional centre will create at least 10 direct or indirect full-time jobs.
· Business entity documents (articles incorporation, shareholder list, partnership agreement, operating agreement, etc)
2. Personal Documentation
· Copy of Personal Passport (current & expired) and Form I-94
· Copy of Family Member Passports (all pages)
· Evidence that you have invested or are in the process of investing the amount required ($1,800,000 or $900,000)
· Household Registration
· Copies of all degrees, diplomas, awards and professional certifications
· Marriage certificate (if applicable)
· Copy of Any Previous Immigration Applications
· Certified copies of any judgment, pending governmental civil or criminal actions, or private civil actions against the petitioner from any court in or outside the U.S. within the past 15 years.
3. Financial documentation
· Proof of Business Ownership
· Copy of any and all Business Licenses
· Last 5 years of Tax Returns (both business and personal)
· Last 5 years of Bank Statements
· Evidence of other Sources of Capital
· Financial Statements for each business
· Evidence that the investment funds were obtained through lawful means
If your source of funds is coming from the sale of a property:
· copy of purchase and sale agreement for property
· letter from the party managing the sale which confirms the terms of the sale
· copy of certified check or wire transfer of the buyer (for the purchase)
If your source of funds is coming from owning a business:
· copy of the company’s balance sheets for the last several years
· copy of companies articles of incorporation or articles of organization
· company tax returns for last several years
· letter from the company’s accountant or letter from company attesting to the income earned by the investor over the last several years
· letter from investor describing their employment history, job duties, position within the company, salary, etc.
If your source of funds is coming from a loan:
· copy of the actual loan document
· letter from the lender to the EB-5 investor describing the loan amount, date of the loan, what security or collateral was given in exchange for the loan, etc.
· copy of bank statement of EB-5 investor showing the disbursement of loan proceeds
· if the lender is a person and not a bank, include all documentation showing the lenders lawful source of funds
If your source of funds is coming from a gift:
· letter from the person giving the gift attesting to the amount of the gift, conditions of the gift (if any), date of the gift, etc.
· bank statement of investor showing the disbursement of gift proceeds
· documents demonstrating the gifting party’s lawful source of funds
Form I-829 Petition to remove the conditions
Within 90 days of the two-year anniversary of the initial grant of permanent resident status, the principal investor must submit the I-829 petition to USCIS to remove the conditions on his or her conditional green card and obtain indefinite permanent resident status in the US
You must show the USCIS that the required investment has been made and benefited the US economy during the investor’s two-year conditional resident period and that the minimum ten full-time jobs have been created or otherwise preserved.
· Evidence that you established a new commercial enterprise. This evidence may include, but is not limited to, copies of the business’s organizational documents, and Federal tax returns.
· Evidence that you have invested the total amount of required funds.
· Evidence that you have sustained your investment in the new commercial enterprise throughout your two-year period of conditional permanent residence. This evidence may include, but is not limited to, the following:
· Business invoices and receipts
· Bank Statements
· Business licenses
· Audited or Reviewed Financial Statements
· Complete copies of Federal or State income tax returns or quarterly tax statements.
· Evidence of the number of full-time employees at the beginning of your business and at present. Such evidence may include but is not limited to:
· Business payroll records
· Relevant tax documents