Consular Processing for EB-5: Getting the Visa Abroad

Consular processing is the final and crucial stage for many EB-5 investors who are living outside the United States. Once the USCIS approves the I-526E petition, the case is transferred to the Department of State’s National Visa Center (NVC), initiating the process of obtaining the immigrant visa at a U.S. Embassy or Consulate abroad.

Understanding the Consular Processing Timeline

The timeline for consular processing is highly dependent on the applicant's priority date becoming current according to the Visa Bulletin, and the processing capacity of the specific consulate involved.

• Visa Bulletin Review: Applicants must monitor the monthly Visa Bulletin to determine when their priority date is current for their specific visa category and country of birth.
• NVC Stage: Once current, the NVC will instruct the applicant to submit required documentation, including fees, the DS-260 Immigrant Visa Application, civil documents, and financial support documentation.
• Medical Examination: A mandatory medical examination must be completed by an authorized panel physician in the applicant’s country of residence.

Required Documentation Submission

Accurate and complete documentation is essential to avoid delays during the consular stage. The NVC requires submission of both financial evidence and personal documentation.

1. DS-260 Immigrant Visa Application: Completed online by each intending immigrant.
2. Financial Documents: Proof of the source and lawful acquisition of the investment funds.
3. Civil Documents: Certified copies of birth certificates, marriage certificates, divorce decrees, and police clearances from all relevant jurisdictions.
4. Passport Validity: Ensuring passports are valid for at least six months beyond the planned date of entry into the U.S.

The Consular Interview

The interview at the U.S. Embassy or Consulate is the final hurdle. A Consular Officer will review the submitted file and question the applicant to ensure they meet all statutory requirements, including admissibility.

The primary focus during the interview is verifying the information provided in the I-526E petition and confirming that the applicant is not inadmissible to the United States under Section 212(a) of the Immigration and Nationality Act (INA).

Potential Issues During the Interview

Applicants must be prepared to address any potential issues flagged during the initial review:

• Source of Funds Verification: Detailed questioning regarding the movement and documentation of investment capital.
• Criminal History: Clear explanation and documentation for any past legal issues.
• Public Charge Grounds: While less emphasized now than in prior years, applicants must demonstrate they are unlikely to become a public charge.
• Immigration History: Full disclosure of previous visa applications or immigration violations.

If the interview is successful, the officer will keep the applicant's passport to affix the immigrant visa. If minor issues arise, the case may be placed in "Administrative Processing," indicated by the status code 221(g).

Visa Issuance and Entry to the U.S.

Once the visa is issued, the applicant must enter the United States before the visa expiration date, typically within six months of the medical exam. Upon entry, a Customs and Border Protection (CBP) officer will formally admit the investor as a Conditional Permanent Resident (CR1). The physical Green Card will follow by mail to the U.S. address provided.

Key Action Item: Remember that the immigrant visa grants permission to travel; admission by CBP grants the status of conditional permanent residency. The process concludes only after successful entry.

Consular processing demands meticulous preparation. Working closely with an experienced immigration attorney is vital to ensure all NVC instructions are followed precisely, leading to a smooth final step in the EB-5 journey.