The EB-5 Investment Application Process

American Investment Fund have representatives to work with potential investors to guide them through the process of becoming an accredited EB-5 immigrant investor.

The process includes:

  1. The potential investor submits a contact form through our representatives so we can begin due diligence to determine eligibility;
  2. The potential investors will be asked to provide necessary documentation required by US federal law. We will advise you at what point supporting documents are required;
  3. Documents must be translated into English and be accompanied by a certificate of translation signed and dated by translator.
  4. Once initial review of documents is completed we will advise whether we can comfortably move ahead with process, if we can move ahead, at this time investor will sign all necessary documents, wire $50,000 syndication fee to AIF to prepare legal documents and wire transfer investment funds to lawyers escrow account.

It is advisable to have a financial advisor and an attorney who can advise prior to committing funds. We have arrangements with appropriate advisors worldwide and can assist you.

The immigrant investor will need to prove the following:

  1. Evidence of Legitimate Source of Funds – invested capital is lawfully earned. Inheritance, gifts, and loans are acceptable forms of capital.
  2. Proof that the investor has a “level income” or has accumulated sufficient wealth that would enable the investor to allocate those funds to the project.

Investors must also be able to provide certain personal documents. This requirement applies to the investor and their spouses and children (under the age of 21 at the time of application) filing for a green card through this program.

The following documents are necessary:

  1. Articles of organization, if owner of a company;
  2. Certified copies of birth certificates, copies of marriage certificates, and/or divorce decrees and death certificates, if applicable;
  3. Certified copy of any military record should be submitted;
  4. Certified copy of police record from the city where the applicant has resided for at least 6 months since turning 16. These records may include, but are not limited to: information on former arrests, crimes, and court, regardless of amnesty, pardon, or other clemency;
  5. Passport sized photographs of the investor and any dependents must also be submitted.

The Immigration Process

The foreign investor must complete three steps to become a permanent resident
of the US:

Step 1 – Form I-526: To obtain immigrant investor status, the applicant must submit Form I-526, the Immigrant Petition by Alien Entrepreneur Form.

Form I-526 and supporting documentation is sent to the US Citizenship and Immigration Services (USCIS) for approval.

Step 2 – Form I-485 or Consular Interview:

    1. Upon approval of I-526, if the investor is outside of the US: He or she will need to apply for an immigrant visa at the Embassy in his or her home country. The immigrant and his or her family will need to go through a Consular interview to ensure medical, police, security, and immigration history checks have occurred before the conditional Green Cards are issued;
    2. Upon approval of I-526, if the investor already resides in the US: He or she will need to file, with the assistance of the immigration attorney, Form I-485, Adjustment of Status to Permanent Residence.

Step 3 – Form I-829: Within ninety days before the expiration of the conditional period, the investor completes Form I-829, the Petition by Entrepreneur to Remove Conditions.

The foreign investor must demonstrate that the investment was sustained over the two-year conditional period and the required jobs were created and held. Since our investments are fully managed, we will assist in providing these documents. If Form I-829 is approved, the conditional nature of the Green Card is lifted and full permanent residence is granted. Both the investor and the investor’s family members under the age of 21 will receive full permanent residence.