What is the timeline for the EB-5 program from submitting an application to obtaining a visa? If I participate in the program with a direct investment, when do I need to fulfill the requirement of opening a business and creating 10 jobs? How long do the jobs need to be maintained?
Your EB-5 petition has to include EB-5 compliant documentation. The required jobs have to be created within two years after the approval of the I-526 petition.
You need to file before Nov. 21, 2019, to lock in current lower amounts. Jobs have to be created within a reasonable time, but usually that means about 30 months.
Money must be invested in the business before you file the I-526 along with a detailed business plan, including the creation of the 10 jobs, what they are when they will be created, etc. The I-526 itself is taking in excess of two years. Then you start the visa process unless you are from a country with a backlog.
There is no standard time line for the creation of direct investment. It is advisable you should start organize your business as soon as possible. The required job requirement is expected to be created within two years of establishment of the business. Also, be on notice that the current minimum EB-5 investment amounts will go up beginning Nov. 21, 2019. Advisably, consult an EB-5 attorney for detailed planning and advisement on your business idea.
You must have a detailed business plan to show how the 10 jobs are to be created before you file to remove conditions and for at least two-year period of time.
The investment must be at-risk before you send your I-526 application. The sooner you create the 10 jobs the better. The timing of the job creation depends on your business and business plan.
As long as you can show definite/realistic plans for the creation of jobs at the time of filing the I-526, you have until the filing of the I-829 removal of conditions to show the actual creation and maintenance of the requisite 10 jobs.
The requirement says within a reasonable period of time.
Once you submit the I-526 petition, USCIS is posting processing times that range from 28.5 to 49.5 months. Once you get your I-526 approval, assuming that you are showing "current" to proceed to the next stage, and depending on whether you are applying for adjustment of status through filing I-485 or going through the consular interview process, your stage two timing will differ. Generally, the consular interview takes shorter, 6 to 12 months, while I-485 approval could take 12 to 45 months. As for the 10 full-time new positions creation requirement, they need to be created within two years of the conditional green card approval and maintained until I-829 is filed.
In the I-526 petition, you need to show that the jobs have been created or will be created within 2.5 years of approval of the petition. You do this with a business plan. The issue is that in order to file the petition, you have to have invested or be actively in the process of investing, but you need to show a bona fide commitment to contribute the funds. This means that the business entity must be formed, some activity must be undertaken, and some money must already be spent. The rest needs to be committed, which generally means contractual obligations. Just putting the money in the business account won't do. So realistically, a fair amount has to happen before you can file the I-526 petition, even if you do not need to have created the jobs or spent 100% of the money. If you started now, you could likely still file before Nov. 21, as long as you have at least identified the type of business you want to invest in and where.
The jobs must be created within two years from when the EB-5 case was approved for you.
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