步骤 5：在美国大使馆或领事馆办理移民签证（针对美国境外的投资者）

This option is available to all EB-5 investors, regardless of their country of residence or immigration status. If you are applying for EB-5 inside of U.S. territory and considering concurrent processing, please review our guide to adjustment of status.

Consular processing is an important step for immigrants living outside the U..S who are seeking to obtain a visa to enter the United States. It involves the evaluation and approval of visa applications at a U.S. embassy or consulate abroad, rather than the adjustment of status process that many U.S. visa holders opt for who are currently living in the U.S. During consular processing, immigrants and their families (including all children included on the petition) must attend an in person interview at the U.S. consulate.. The majority of EB-5 immigrants live outside the U.S. and therefore must use consular processing to obtain their immigrant visas. As a result, patterns have emerged in how consular authorities conduct these interviews. By following this guide, immigrant investors can gain a better sense of what to expect during consular processing. 

Applicants living outside the U.S. or those who are not eligible for adjustment of status through the I-485 must apply for an immigrant visa at an U.S. Embassy or Consulate. To obtain an immigrant visa, applicants must submit Form DS-260 online, provide official identification documents, obtain official background checks from their country of residence, complete a U.S.-compliant biometrics exam, and finally, attend a visa interview at an U.S. Embassy or Consulate.

Investors who intend to file the DS-260 will receive an I-526E approval notice (most likely form I-797: Notice of Action) which will trigger a copy of the I-526E petition to be sent internally from the USCIS to the National Visa Center (NVC). When the NVC receives the petition, it issues all investors a “welcome letter” which contains their case number, invoice ID, and the information of all family members planning to immigrate with the main investor. At this point, the NVC will contact the applicants with a bill for the immigrant fees and request the submission of further identifying documentation. It currently takes an average of 60-90 days from the time an I-526E petition is received for the NVC to issue the bill and send a link to complete Form DS-260. There are historic and increasing issues with USCIS’s ridiculously long delays in transferring these documents to the NVC, which is detrimental to families with children close to the age of 21 or long immigration wait times. However, once this document IS transferred, the NVC is expedient regarding the processing of and tracking of immigrant petitions. Directly following submission of this form, an investor can begin sending the USCIS copies of their civil documentation for approval.

Only after a DS-260, all civil documents, and associated processing fees have been submitted will the NVC begin evaluating the investor’s petition. 

Consular Interview Process

After Form DS-260 has been submitted and NVC deems the applicant’s file to be “documentarily qualified”, they will be eligible to schedule a consular interview. Every month, U.S. Consulates abroad will send the NVC their availability to interview a specific number of potential immigrants in that month. According to this schedule, the NVC will schedule a consular interview with the immigrant and send the relevant files to the U.S. Embassy or Consulate. 

The consular post will provide instructions for completing the medical examination shortly before the immigrant visa interview. For the medical exam, the U.S. consulate will refer investors to a “Panel Physician” approved by the U.S. Department of State. A medical examination can only be scheduled after the consular interview has been scheduled.

Every consulate is different. Some consulates have a ton of experience with EB-5 but others do not. Some consulates adhere to a different level of scrutiny than others. For these reasons, it is best to prepare for a visa interview with a lawyer and memorize as many details about the EB-5 projects, the immigration process, the investment, and sustaining the investment as possible. 

Attorneys generally recommend their clients dress appropriately for the interview, arrive on earlier than the scheduled time, and carry all required documents. Dressing professionally for the visa interview demonstrates the investor’s seriousness and respect for the process, as well as their net-worth, which is surprisingly effective in the visa interview process. The interview typically lasts around 30-40 minutes in total. 

It is important to note that the consular officer may ask questions that a person may not be prepared for, and even questions which are not applicable to the visa interview. However, investors should do their best to answer the consular officer’s questions honestly and confidently, given that the investor and their family will be placed under oath, meaning that an immigrant investor could be found guilty of perjury and dismissed for answering questions incorrectly, whether intentional or not. Questions such as “has the project begun construction?” or “how many jobs have been created so far?” are fairly standard, but it is not uncommon for officers to ask about things like other partners in the deal structure or how the immigrant investor came across the funds to make an EB-5 investment. At the end of the day, the visa officer only wants to see proof of a sustained investment and ensure the EB-5 project is legitimate to fulfill all necessary requirements.

Typically, a consular interview involves reviewing an investor’s immigration history, source of funds, plans for residency, project details, and the current project status. AIIA recommends working with an immigration attorney beforehand to refresh your memory on your source of funds, income streams and tax payments from as far back as five years ago. AIIA also offers interview preparation assistance for Investor Members to ensure that both the investor and their family are adequately prepared for all possible encounters during the interview process.

Outcomes of a visa interview

During a visa interview, there can be several outcomes depending on the circumstances and the evaluation by the consular officer. 

1. Visa Approval

If the consular officer is satisfied with your application, supporting documents, and the information provided during the interview, they may approve your visa application. If your visa is approved, your passport will be returned to you with the visa affixed before leaving the consulate. 

2. Visa Denial

If the consular officer determines that you are ineligible for a visa based on the requirements and regulations, they may deny your visa application. The officer will provide you with a reason for the denial, which could include issues with documentation, eligibility, or concerns about your intent to return to your home country. Most often, denials are issued to immigrants who have willfully misrepresented details of their project in the DS-260, have illegally entered or overstayed a visa in the U.S. prior to the interview, or immigrants with a criminal history. Recently, immigrant visas have also been denied to immigrants who may pose a “national security concern” defined by the U.S. government, such as active members of the Chinese Communist Party and so forth. To avoid arbitrary denials, investors should be prepared to justify anything that may come across to a consular official as a red flag, and provide ample evidence to prove their eligibility for a visa. Issues surrounding red flags and inadmissibility issues should be discussed with an immigration attorney as soon as possible in the immigration process to avoid complications.

3. Administrative Processing

In some cases, the consular officer may need more time or additional information to make a decision on your visa application. This could be related to financial documentation, proof of employment, familial relationships, past business partners, former residences, or any other relevant information. The process of referring a case for manual review is known as administrative processing. It may involve further background checks, document verification, or review of your case by other authorities. Administrative processing can prolong the processing time, and a decision may be made at a later date. Check the status of your case online if available.

The consular officer may request additional documents or evidence to support your visa application through a document called a 221-G, which is essentially a denial, but offers the immigrant an opportunity to show further proof of their eligibility for a visa. You will be provided with instructions on how to submit the requested documents and should be sure to submit any responses with your immigration counsel.

221-Gs can come in various colors, each which have different meanings. A pink slip indicates that the consular officer has found incriminating or suspicious information in your verbal answers or documentation. These forms require administrative processing to ensure that the applicant does not fall under a list compiled by a US security agency, or has qualifications or connections which incriminate them. A white slip means the applicant did not provide sufficient evidence, and will be sent to USCIS for further processing. A blue slip means that the consulate is in need of supporting documentation; this reason may seem similar to the white slip, but is actually closer to receiving an “RFE” on a I-526 petition rather than a visa denial. A yellow slip means that the consulate is merely in need of more time to examine your documentation- again, less like a denial.

4. Waiver of Inadmissibility

If your visa application is denied and you believe the visa officer made a mistake, you may appeal the decision with a Waiver of Inadmissibility. Waivers are granted under exceptional circumstances, such as for certain medical conditions, criminal records, or prior immigration violations. Waiver applications require additional documentation and must demonstrate compelling reasons for granting the waiver. Some waiver applications are filed directly with USCIS while others can be filed with the U.S. Department of State.

Other avenues, such as legal appeals, come with high costs, barriers to filing, and firm deadlines, making the waiver request one of the most investor-friendly options. However, the decision to grant a waiver is solely at the discretion of the consular officer based on the information provided and the applicable laws and regulations. Each case is unique, and the outcomes can vary. If your visa application is denied, you may consider seeking legal advice or exploring alternative immigration options. We strongly recommend consulting with an immigration attorney if your visa is denied to properly access your situation and options.

Filing a waiver requires reviewing all documents submitted to the visa office with your immigration attorney and requesting the notes of the visa officer for review. You should review the reasons behind your denial in order to find where exactly your petition has insufficient evidence or errors. You can read more about what standard procedures are available for immigrant petitioners to use in the case of a denial on the Department of State website.

Travel to the United States

Make travel arrangements to the United States within the validity period of your visa, which usually expires six months after a successful visa interview. If the investor and their family do not enter the US during this period, they must request the Department of State to issue another immigrant visa, which can lead to significant delays in immigration. However, an EB-5 petition will not be invalidated by lack of entry into the U.S.

It is recommended to not open any visa packets or documentation given to you following your visa interview; these forms must be presented to CBP upon arrival in the official sealed envelope given to you by the consular officer. Opened envelopes may result in denied entry at the U.S. port of entry.

Ensure that you comply with any entry restrictions or requirements imposed by the U.S. government. Prepare to present your visa and other relevant documents to the U.S. Customs and Border Protection officer upon arrival. USCIS will mail the conditional green cards to your permanent residence in the US usually 30 days after your entry. Some investors send the conditional green card to their lawyer’s office in order to avoid delays and have the cards within the hands of a trusted authority. Be sure that the mailing address provided on the DS-260 is reliable, given that resolving a mailing address after the fact is difficult and plagued by bureaucratic red tape.

Remember, consular processing can be a complex and lengthy process. It is essential to follow the instructions provided by the embassy or consulate carefully and work with your immigration attorney closely throughout the process.