For Indian nationals applying for the EB-5 Immigrant Investor Visa, consular processing is a key part of the journey if the applicant is residing outside the United States. Consular processing allows applicants to complete the necessary steps to obtain their U.S. permanent residency (Green Card) through a U.S. consulate or embassy in their home country, rather than adjusting status while already in the U.S. The process involves several critical steps, and understanding each step is crucial for a smooth experience.
In this article, we!ll guide you through the EB-5 consular processing procedure for Indian investors and their families.
✧ Step 1: Filing the I-526 Petition
The first step in the EB-5 process is to file the I-526 Immigrant Petition by Alien Entrepreneur with U.S. Citizenship and Immigration Services (USCIS). This petition demonstrates that you, the investor, have invested or are in the process of investing in a qualified EB-5 project and meet all the program requirements.
Key Requirements for I-526 Petition:
- Proof of investment: You must provide evidence that you have made the required $1.05 million (or $800,000 for a Targeted Employment Area) investment.
- Source of funds documentation: You must demonstrate that your investment funds come from a lawful source.
- Job creation documentation: The project should create the required 10 full-time jobs for
U.S. workers.
After filing, USCIS will review the petition and either approve, deny, or issue a Request for Evidence (RFE) if they require additional information. This process usually takes around 18-24 months.
✧ Step 2: Approval of I-526 Petition
Once USCIS approves your I-526 petition, you are eligible for a visa to immigrate to the U.S. If you are outside the U.S. (like in India), you will proceed with consular processing.
When your I-526 is approved, USCIS will send an Approval Notice to the U.S. National Visa Center (NVC), which begins the next phase of consular processing. Your I-526 approval will remain valid for two years, during which you must complete the next steps.
✧ Step 3: Case Creation and Document Submission to the NVC
Once your I-526 is approved, your case is transferred to the National Visa Center (NVC). The NVC is responsible for handling the logistics of immigrant visa applications and prepares your case for final adjudication at the U.S. consulate.
At this point, the NVC will:
- Create a case number: A case number will be assigned to your file, which allows you to track your visa process.
- Collect documents: The NVC will request essential documents, including:
- Passport-sized photographs
- Birth certificates
- Marriage certificates (if applicable)
- Police clearance certificates
- Proof of your approved I-526 petition
- Affidavit of Support (Form I-864), if applicable
- Any other documents required for visa processing
You will be asked to submit the DS-260 application form (Immigrant Visa and Alien Registration Application) and pay the visa fees.
✧ Step 4: Interview Appointment at the U.S. Consulate
After submitting the required documents, the NVC will schedule an interview for you and your family members at the U.S. Consulate or U.S. Embassy in Mumbai, Maharastra.
Before the interview, you!ll need to:
- Attend a medical examination with a panel physician approved by the S. consulate in India.
- Prepare for the visa interview: During the interview, the consular officer will review your documents and ask questions to ensure everything is in order.
Common questions during the consular interview may include:
- How did you earn your EB-5 investment funds?
- Why did you choose this particular investment project?
- How does your investment comply with the EB-5 requirements?
If everything is in order, the consular officer will approve your application, and you will be issued an EB-5 immigrant visa.
✧ Step 5: Visa Issuance and Entry into the U.S.
Once the U.S. Consulate approves your EB-5 visa, it will be affixed to your passport. You and your eligible dependents will receive sealed immigrant packets, which you must carry with you when traveling to the United States.
Key Points:
- You must enter the S. before your visa expires, which is typically within six months of issuance.
- Upon arrival in the S., your passport will be stamped with an I-551 stamp, which acts as your temporary green card while your permanent green card is processed.
✧ Step 6: Conditional Permanent Residency in the U.S.
After entering the U.S., you and your family members will receive conditional permanent resident status. This status is valid for two years. During this period, you must fulfill all requirements of the EB-5 program, including job creation by your investment.
Important Reminders:
- Your conditional residency is valid for two years, during which time you must continue to prove that the required jobs have been created and that your investment remains intact.
- Your investment in the EB-5 project must be maintained for the duration of the conditional
✧ Step 7: Filing the I-829 Petition to Remove Conditions
Before your two years of conditional residency expire, you will need to file the I-829 Petition to remove the conditions on your Green Card. This petition demonstrates that:
- Your EB-5 investment has created the required 10 full-time
- Your investment has been maintained and remains at
Once USCIS approves your I-829 petition, you and your family will receive permanent U.S. Green Cards.
