I am currently not residing in the United States and am interested in investing in the EB-5 program. Am I required to travel to the United States to open the escrow account, or can my attorney do it for me? Besides the interview, would there be any stage of the EB-5 application when I would be required to be in the United States?
No physical presence is required in the I-526 stage. After the approval of the petition you will go through consular processing. Upon arrival in the U.S., conditional permanent residence status will be issued upon which time you must meet the physical presence test to continue to be eligible for conditional permanent resident status.
There is no part of the I-526 petition process during which you need to be physically present in the United States.
The only requirement for physical presence is after obtaining your conditional permanent residency. Opening your U.S. account will be dependent on your bank. If you are abroad, your interview would be at the U.S. consulate in your country.
You do not need to come to United States to apply for the green card. You can choose to go through consular processing in your home country after your I-526 petition is approved. Your attorney will help you gather all necessary documentation in support of the I-526. If you will do EB-5 through a regional center project, the regional center/ project will open an escrow account to receive your investment.
During the EB-5 process ,which involves the filing of the I-526 petition and the U.S. consular process of obtaining the conditional permanent residency, you do not have to be in the United States. Depending on the type of EB-5 project you are investing in, the escrow account may already be established. Once you obtain your conditional permanent residency, you need to intend to physically reside in the United States.
Your attorney will guide you through the process. If you already hold a U.S. visa, such as a B-1, then coming to the United States to set up and review with the attorney would be beneficial. If not, then the attorney will take care of the process, and once your application is approved, you will be scheduled at a U.S. consulate for immigrant visa stamping, and then you can enter the United States as an immigrant with a green card.
You do not have to travel to the United States until you receive your visa. If you file your petition while living abroad, you will go through consular processing at your local embassy. Only after you receive your approved visa may you travel to the United States. The EB-5 process may take as long as 12 months, so if you have business to attend to in your home country, you will be able to remain there for a while.
You do not need to be in the United States before you are issued the EB-5 visa, if you are able to do the investing from abroad.
