With a permanent Green Card in hand, you have successfully completed the EB-5 immigration process. Now, you can look forward to the final two milestones that define the end of the entire journey: the opportunity to become a U.S. citizen and the eventual return of your investment capital.
The Path to U.S. Citizenship (Naturalization)
For many, becoming a U.S. citizen is the ultimate goal. Citizenship grants you the right to vote, hold a U.S. passport, and run for public office. To be eligible to apply for naturalization, a permanent resident must meet several requirements:
- Five Years of Continuous Residence: You must have been a Lawful Permanent Resident for at least five years. This clock starts on the day you were granted your initial *conditional* Green Card.
- Physical Presence: You must have been physically present in the U.S. for at least 30 months (2.5 years) out of the five years preceding your application.
- Good Moral Character: You must demonstrate that you have been a person of good moral character, which includes obeying all laws and filing your taxes.
- English and Civics Test: You must pass a test of your ability to read, write, and speak basic English, as well as a test on U.S. history and government.
The application for naturalization is filed using Form N-400. After an interview and passing the required tests, you will attend an oath ceremony where you will officially become a U.S. citizen.
Capital Repayment: The End of the Investment Cycle
The second major milestone is the return of your investment capital. It is critical to remember that the EB-5 program requires your capital to be "at-risk" throughout your conditional residency. This means repayment is not guaranteed and is dependent on the financial success of the project you invested in.
Here's what to expect:
- Timeline: Most EB-5 investments are structured as loans from the investors (via the new commercial enterprise) to the developer. These loans typically have a term of five to seven years. Repayment usually occurs after the loan matures and often after the investor has filed their I-829 petition.
- The Exit Strategy: The project's offering documents, which you reviewed during your due diligence, must outline the "exit strategy"—the plan for how the project will repay the EB-5 loan. Common strategies include refinancing the property or selling it.
- Communication is Key: The Regional Center is responsible for managing the investment and should provide regular updates on the project's progress and the expected timeline for the exit and capital repayment.
Thorough due diligence at the beginning of your journey is the best way to maximize your chances of a successful capital return. Choosing a project from a reputable Regional Center with a strong track record of repaying investors is the most important decision you will make.
