What is the I-526 Petition?
For foreign investors seeking lawful permanent residence through the EB-5 Regional Center Program, the first step in the process is to file an I-526 Petition together with accompanying evidence in support of the program’s requirements. Your attorney will assist you in the preparation of the application.

How long is the processing time for the I-526 Petition and the conditional Green Card?
The approximate length of time for a foreign investor to pass the U.S. Consular interview and receive his or her conditional green card, from the date that he or she submits the I-526 Petition, is approximately 8-12 months.

What documents and information are required for my I-526 Petition?
Your attorney will discuss the required documents and information in detail with you.   However, please note that an investor must provide sufficient documentation of how his or her investment capital was earned or acquired. An investor’s independent declarations are not enough to satisfy USCIS requirements for proof of lawful source of funds. Independent evidentiary proof must support all declarations.  Evidence may include but need not be limited to bank statements, stock certificates, and any loan or mortgage documents, promissory notes, security agreements or other evidence of borrowing which is secured by assets of the applicant.

Once I receive my conditional Green Card, when do I apply for my permanent (“unconditional”) Green Card?
The conditional green card has an expiration date of two years from the date issued. Foreign investors can submit their I-829 Petition as early as three months prior to the expiration date. The NYCRC will supply all supporting evidence regarding the limited liability company, capital investment, and newly created jobs. Once the I-829 petition is filed with the USCIS, your conditional permanent residency is extended for one year.

What are the job creation requirements to obtain a green card?
Each investment of US$500,000 (or US$1 million if outside a Targeted Employment Area) must create 10 direct or indirect permanent jobs for U.S. workers.

Should I hire an immigration attorney to represent me?
Yes. The NYCRC believes that it is important for you to have independent legal counsel representing your interests. While we recommend attorneys who can competently handle EB-5 applications, you should make your own arrangements for legal representation.