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Consular Processing/ DS-230

The process by which EB-5 investors who do not reside in the US, have a valid non-immigrant visa status and have I-526 petitions approved, submit the DS-230 Application for Immigrant Visa and Alien Registration, is usually called ‘consular processing.’ The National Visa Center (NVC), which is under the authority of the US. Department of State is where the USCIS sends approved I-526 files belonging to applicants. The NVC sends the finished forms together with other application material to either the applicant’s home country or the US consulate. An in-person interview is mandatory for consular processing applicants during which they are given an immigrant visa. An applicant and their dependent family are allowed entry into the US once they have been issued the immigration visa. Soon after their first entry into the US using the immigrant visa, applicants receive the green card via mail and their permanent residency status begins on the first day they arrived in the US. While abroad, nonimmigrants and prospective immigrants are able to receive visas through the process. Paperwork, medical tests, giving biometric data and an interview at a US embassy or consulate are what is typically what is involved with the consular processing. Before investors get their EB-5 visa and live outside the US, the consular processing is a requirement. An EB-5 visa is the only way intending investor immigrants can gain entry into the US and not as conditional permanent residents.

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EB-5 Program Update:

The EB-5 Program has lapsed. The US Congress is discussing the legislation that authorizes the program while USCIS reviews the regulations and policies for filing. Because of the recent court ruling that reversed the 2019 Modernization regulations, the investment level has shifted temporarily from $900,000 back to $500,000.

If the program is reauthorized before the regulations are updated, there may be another window of opportunity to file at $500,000.

LCR expects the program to be reauthorized in December, and continues to work with international families that want to explore alternative residency options.

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