Becoming a U.S. Citizen: Naturalization After EB-5

The EB-5 Immigrant Investor Program offers a pathway to permanent residency in the United States, but the ultimate goal for many investors is full citizenship. Navigating the naturalization process after securing a Green Card through EB-5 involves specific considerations and timelines. This article outlines the essential steps and requirements for EB-5 investors seeking to become U.S. citizens.

Understanding the Path from EB-5 to Permanent Residence

The EB-5 process begins with obtaining a conditional Green Card (I-526 petition approval), followed by filing Form I-829 to remove conditions after two years of capital investment and job creation. Once the I-829 is approved, the investor becomes a Lawful Permanent Resident (LPR).

Eligibility for Naturalization (N-400)

As an LPR, the primary requirement for applying for naturalization (Form N-400) is meeting the continuous residence and physical presence requirements. For most LPRs, this means:

• Being at least 18 years old.
• Having been an LPR for at least five years.
• Meeting the continuous residence requirement (physical presence in the U.S. for at least half of the required residency period).

Special Considerations for EB-5 Investors

While the standard five-year rule applies, EB-5 investors must be particularly mindful of maintaining their physical presence. Frequent or extended trips outside the U.S. during the conditional and post-removal-of-conditions periods can interrupt the continuous residence clock.

The continuity of residence is crucial. Any absence of six months or more may raise questions regarding your intent to reside permanently in the United States, potentially resetting the clock.

The Naturalization Application Process

Once the eligibility criteria are met, the investor proceeds with filing Form N-400, Application for Naturalization. The process typically involves several key stages:

1. Filing N-400: Submitting the application and required documentation to U.S. Citizenship and Immigration Services (USCIS).
2. Biometrics Appointment: Attending an appointment for fingerprinting and photographs.
3. The Interview: Attending an interview with a USCIS officer to review the application, verify eligibility, and test English proficiency and knowledge of U.S. civics.
4. The Oath Ceremony: If approved, attending the final ceremony to take the Oath of Allegiance.

English and Civics Requirements

All applicants must demonstrate the ability to read, write, and speak basic English. Furthermore, applicants must pass a civics test based on U.S. history and government principles. Exemptions may apply based on age and length of permanent residency, though these are less common for recent EB-5 investors.

Maintaining EB-5 Compliance During Naturalization Pending Period

It is vital that EB-5 investors ensure their underlying investment remains compliant even after the I-829 is approved. While citizenship is separate from the investment status, any subsequent investigation into the original EB-5 compliance could complicate the naturalization process if fraud or misrepresentation is discovered.

Key actions to ensure compliance include:

• Confirming that the required number of full-time equivalent jobs have been sustained.
• Ensuring the invested capital remains "at risk" as defined by the regulations.
• Keeping detailed records of business operations, as these might be requested during the N-400 background check.

Conclusion

Naturalization after obtaining permanent residency through the EB-5 program follows the standard immigration track, primarily governed by the five-year continuous residence rule. Diligent record-keeping regarding physical presence and maintaining the integrity of the underlying EB-5 investment are the primary obligations for investors transitioning to U.S. citizenship.