The Sequence of Filings: General Overview


Posted on 03/26/2012 by Mark A. Ivener, A Law Corporation

An immigrant investor seeking admission into the United States as a lawful permanent resident will proceed in the following sequence:

For an immigrant investor visa who is investing in a new commercial enterprise that is not part of a regional center, the immigrant investor will file a Form I-526 that, together withthe supporting evidence, demonstrates by a preponderance of the evidence that the immigrant investor has invested, or is actively in the process of investing, lawfully obtained capital in a new commercial enterprise in the United States that will create fulltime positions for not fewer than ten qualifying direct employees.

For an immigrant investor visa who is investing in a new commercial enterprise that is part ofa regional center:

Once USCIS designates the entity as a regional center, each immigrant investorwill file a Form I-526 that, together with the supporting evidence, demonstratesby a preponderance of the evidence that the immigrant investor has invested, or isactively in the process of investing, lawfully obtained capital in a new commercialenterprise in the United States that will create directly or indirectly full-timepositions for not fewer than ten qualifying employees.

Taken from USCIS Policy Memorandum regarding EB-5 Adjudications Policy on November 9, 2011

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About the Author

Mark Ivener is an experienced business and EB-5 immigration attorney who has written 5 books on Immigration Law as well as has written numerous articles and spoken at many events on EB-5 topics.

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