Glossary of Terms
1 – “INVESTMENT PERIOD” means the period during which the investor’s capital remains invested in the commercial enterprise.
2 – “FORM I-526” means Form I-526, Immigration Petition by Alien Entrepreneur. This filing is submitted by the foreign investor who wishes to petition the USCIS for status as an immigrant under the regulations of the EB-5 Program. If approved, the investor, the investor’s spouse, and the investor’s unmarried children under age twenty-one (21) may apply for permanent resident status. The Form I-526 petition is submitted on behalf of the investor by his or her immigration attorney, and includes evidence that lawfully obtained capital is being invested into an EB-5 compliant project.
3 – “PERMANENT RESIDENT CARD” means the card issued by USCIS to permanent residents as proof of authorization to live and work in the United States. The permanent resident card is also known as a “green card,” and remains conditional until the Form I-829 petition is approved.
4 – “FORM I-829” means Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status. This filing is submitted by the foreign investor who wishes to petition the USCIS for removal of the conditions on his or her permanent resident status, as well as the removal of the conditions on his or her qualifying dependents’ permanent resident status. The Form I-829 petition is submitted on behalf of the investor by his or her immigration attorney, and includes evidence that the investor has met the requirements of the EB-5 Program, as described in the investor’s Form I-526 petition.
5 – “SUSTAINMENT PERIOD” means the period during which an investor must keep his or her investment “at risk.” This period begins with the “resident since” date on the green card, and ends two years later with the “expires” date on the green card.
Note: Revised February 2020 *This timeline is for general informational purposes only. The averages presented do not attempt to provide an accurate estimate of current processing times, and the actual time required to complete the EB-5 immigration process will vary, sometimes significantly, based on the investment selected, each individual’s case, and other factors. Potential investors chargeable to the People’s Republic of China (excluding Hong Kong and Taiwan), India, and Vietnam should note that the U.S. State Department has established a visa availability cut-off date for EB-5 regional center program visa applicants, which will result in significant delays at Step  in the process outlined above. With this visa availability backlog, it may be several years between USCIS’ approval of the Form I-526 petition of an investor chargeable to China, India, and Vietnam and the time an EB-5 visa is available, enabling such investor to secure an immigrant visa and acquire conditional permanent resident status in the United States (either through immigrant visa processing at an American Consulate or Embassy, or through application for adjustment of status in the United States). The visa backlog may also require lengthening of the duration of an applicable EB-5 investment, which could delay the investor’s possible (but not guaranteed) return of investment proceeds. Please contact your immigration attorney to discuss the specific circumstances of your case and how the visa availability backlog may affect it. Please review the applicable Private Placement Memorandum and Subscription Agreement for more detailed information. This document does not constitute an offer or solicitation with respect to the purchase or sale of any security in any jurisdiction in which such offer or solicitation is not authorized or to any person to whom it would be unlawful to make such offer or solicitation. The information and opinions provided are for informational purposes only and may include views, estimates, and information from other sources that may or may not be accurate. All information is subject to change or correction without notice.