Steps for immigrant investor visas
USINFO | 2013-10-24 15:17


 


The First Step: File a Petition
To be considered for an E5 immigrant investor visa, an applicant must file Form I-526, Immigrant Petition by Alien Entrepreneur, with the U.S.

Citizenship and Immigration Services (USCIS). For more information on qualifying as an immigrant investor and filing the Form I-526 petition, see EB-5 Immigrant Investor, EB-5 Immigrant Investor Process, EB-5 Regional Centers, and Permanent Workers on the USCIS website.
Labor certification is not required for immigrant investors.

The Form I-526 petition must be approved by the USCIS before applying for an immigrant visa at a U.S. embassy or consulate outside the United States.

Next Steps – Fees and Visa Application
After USCIS approves the petition, it is sent to the National Visa Center (NVC). Once received, the NVC will assign a case number for the petition. When an applicant’s priority date meets the most recent qualifying date, the NVC will send the Choice of Address and Agent form to the applicant, if an attorney or agent will be used. (NOTE: If you already have an attorney, the NVC will not send you this form.) NVC will begin pre-processing the applicant’s case by providing the applicant with instructions to submit the appropriate fees. After the appropriate fees are paid, the NVC will request that the applicant submit the necessary immigrant visa documents, including application forms, civil documents, and more. Learn more about National Visa Center visa case processing.

Can My Family Members also Receive Immigrant Visas?
Based on your approved petition, your spouse and minor unmarried children, younger than 21, may apply for immigrant visas with you. Like you, they must also fill out required application forms, obtain required civil documents, pay the required fees, and undergo medical examinations.

Numerical Limitations
Immigrant investor visas are issued in the chronological order in which the petitions were filed until the annual numerical limit for the category is reached. The filing date of a petition becomes the applicant's priority date. Immigrant visas cannot be issued until an applicant's priority date is reached. In certain heavily oversubscribed categories, there may be a waiting period of several years before a priority date is reached. Check the Visa Bulletin for the latest priority dates.

Fees
Fees are charged for the following services:
• Filing of Form I-526, Immigrant Petition by Alien Entrepreneur (this fee is charged by USCIS)
• Processing an immigrant visa application, Form DS-260 (see Note below)
• Medical examination and required vaccinations (costs vary)
• Other costs may include: translations; photocopying charges; fees for obtaining the documents you need for the immigrant visa application (such as passport, police certificates, birth certificates, etc.); and expenses for travel to the U.S. embassy or consulate for your visa interview. Costs vary from country to country and case to case.

For current fees for Department of State services, see Fees for Visa Services. For current fees for USCIS services, see Check Filing Fees on the USCIS website.

Note: Fees must be paid for each intending immigrant, regardless of age, and are not refundable.

Fees should not be paid to the NVC or paid at the U.S. embassy or consulate where you have your visa interview unless specifically requested. Applicants will be provided with instructions by the NVC on where and when to pay the appropriate fees. These instructions are also available on NVC's Immigrant Visa Processing webpage. Do not send payments to the NVC’s address in Portsmouth, New Hampshire.

Required Documentation
In general, the following documents are required:
• Passport(s) valid for 60 days beyond the expiration date printed on the immigrant visa

• Affidavit of Support (Form I-864, I-864A, I-864 EZ, or I-864W, as appropriate) from the petitioner/U.S. sponsor

• DS-260, Online Immigrant Visa Application completed by the applicant.

• Two (2) 2x2 photographs. See the required photo format explained inPhotograph Requirements.

• Civil Documents for the applicant (and petitioner in IR-5 and F4 cases). SeeDocuments the Applicant Must Submit for more specific information about documentation requirements, including information on which documents may need to be translated. The consular officer may ask for more information during your visa interview. If not already submitted to the NVC, bring clear, legible photocopies of civil documents, such as birth and marriage certificates, and any required translations to your immigrant visa interview. Original documents and translations can then be returned to you.

• Financial Support – At your immigrant visa interview, you must demonstrate to the consular officer that you will not become a public charge in the United States.

• Completed Medical Examination Forms – These are provided by the panel physician after you have completed your medical examination and vaccinations (see below).

Visa Interview
Once the NVC determines the file is complete with all the required documents, they schedule the applicant’s interview appointment. NVC then sends the file, containing the applicant’s petition and the documents listed above, to the U.S. embassy or consulate where the applicant will be interviewed for a visa. The applicant, attorney, and third-party agent, if applicable, will receive appointment emails, or letters (if no email address is available), containing the date and time of the applicant's visa interview along with instructions, including guidance for obtaining a medical examination.

Each applicant should bring a valid passport to the interview, as well as any other documentation above not already provided to NVC. A consular officer will interview the applicant, and the consular officer will determine whether the applicant is eligible to receive an immigrant visa in accordance with U.S. immigration law. Ink-free, digital fingerprint scans will be taken on the day of the interview. Generally, an applicant receives original civil documents and original translations back at the time of interview.

Medical Examinations and Vaccinations
Important Notice: In preparing for your interview, you will need to schedule and complete your medical examination and any required vaccinations before your visa interview. Before an immigrant visa can be issued, every applicant, regardless of age, must undergo a medical examination which must be performed by an authorized panel physician. NVC provides applicants instructions regarding medical examinations, including information on authorized panel physicians. SeeMedical Examination for more information, including a list of panel physicians by country, and frequently asked questions.

 

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