Every year, thousands of investors choose consular processing for their EB-5 visas. In Fiscal Year 2024, a record-breaking 12,055 unreserved EB-5 visas were issued through consular processing, marking the highest issuance level in the program’s history.
This significant increase reflects the enhanced efficiency of U.S. consular offices worldwide, enabling investors to complete their green card process more swiftly at U.S. embassies in their home countries.
Discover how consular processing simplifies the EB-5 journey and what makes it the preferred choice for thousands. Keep reading to learn how to navigate this process smoothly and secure your green card efficiently.
The Steps in EB-5 Consular Processing
There are six key stages in getting your EB-5 visa through consular processing. Let’s go through them one by one.
Step 1 – I-526 Petition Stage
When you apply for consular processing, your EB-5 journey starts with filing Form I-526 with USCIS.
You’ll need to submit extensive documentation about your investment. This must show where your funds came from and how you’ll create jobs in the U.S. This package should include your:
- Business plan
- Proof of investment
- And source of funds evidence.
Note: The waiting period can take 12-24 months. Many investors use this time to gather additional documents and prepare for the next steps.
Step 2 – National Visa Center (NVC) Processing
Once USCIS approves your I-526 petition as part of your green card application process, your case moves to the NVC. The NVC will send you a case number and fee invoices. You’ll need to complete the DS-260 form online.
The NVC also needs your documents like:
- Birth certificates
- Marriage certificates (if applicable)
- Police clearance certificates
- Passport copies
- Financial documentation
Pro Tip: Send clear, correctly translated copies of everything. The NVC will review your documents and let you know if they need anything else.
Step 3 – Pre-Interview Preparation
The embassy will send you an interview appointment notice. Schedule your medical exam with an approved doctor immediately because these results expire after 6 months.
You’ll need to gather updated financial documents and get updates about your investment project.
Pro Tip: Your attorney can help you prepare through mock interviews and document review sessions.
Step 4 – Consular Interview
Your interview usually lasts 15-30 minutes at the U.S. Embassy or Consulate.
The officer will ask about your:
- Source of funds
- Investment project
- Personal background
- The intention of moving to the U.S.
Be ready to explain your project details and why you chose it. Answer questions directly and honestly. Keep your original documents organized and easily accessible. The officer wants to confirm if the information in your application matches your answers.
Note: Stay calm. You know your investment better than anyone.
Step 5 – Post-Interview Process
After successful immigrant visa processing, the interview ends with the officer giving you a sealed visa packet. Wait to open this packet – your U.S. Customs officer needs to do this.
This is also when you pay your USCIS Immigrant Fee online before traveling. This fee covers your green card processing. Most investors get their visas within a week after the interview.
You can now start planning your move to the U.S. and book your flights. Your visa will be valid for six months from the date it was issued.
Step 6 – U.S. Entry and Green Card
Finally, present your sealed visa packet to the Customs officer when you arrive in the U.S.
The officer will open your passport and process your entry as a permanent resident. You’ll get a stamp on your passport as your temporary green card. Your green card arrives at your U.S. address in about 2-3 weeks.
Note: Keep your passport stamp safe until your card arrives. You can use it as proof of residence to start setting up your life in the U.S.
How to Prepare for the EB5 Visa Interview
Your EB-5 visa interview success depends on your preparation. Here are the best practices for preparing for your visa interview.
Best Practice #1 – Document Organization & Review
Following immigration law requirements, create a master file for all your investment documents — including police certificates in the foreign country. Put everything in order by date (from your first wire transfer to the latest project update.) Then, label each section clearly.
Also, make copies of everything. Write short notes explaining each money transfer and where the funds came from. Keep a timeline of your investment handy.
Pro Tip: Many successful applicants use a simple index to find documents quickly during the interview.
Best Practice #2 – Investment Knowledge Mastery
Know your EB-5 project like the back of your hand. Practice discussing why you picked this project and your role in it. Learn the key facts about jobs created and how the money is used. Before this, you must understand your Regional Center’s background and its track record.
Note: Keep your answers short and precise. You invested a lot of money in this project, and the officer wants to see that you understand where your investment is going.
Best Practice #3 – Source of Funds Preparation
Know exactly where every dollar of your investment came from. Draw simple diagrams if your money trail is complex. You can also practice explaining any:
- Business income sources
- Asset sales
- Gifts or inheritances
- Loans if applicable
Because you’ll likely be asked these questions often during the interview, keep bank statements and documents ready to show each step. The officer might ask detailed questions about specific transactions.
Note: Remember to stick to what you wrote in your I-526 petition. Refrain from adding new and irrelevant information. Your story needs to match your paperwork perfectly.
Best Practice #4 – Personal Background Review
Before the interview, read your whole application and every form you submitted. Also, know your past U.S. travel dates and visa history.
You should be ready to discuss your business experience and how it relates to your investment. The officer will also ask about your family and plans for America, so study your resume and business history.
Best Practice #5 – Interview Logistics & Presentation
Check your local U.S. consulate’s website for specific rules. Show up 30 minutes early. Wear business clothes. Keep it professional but comfortable. Bring only the documents you need. Leave extra bags and electronics at home.
If you’re using an interpreter, practice with them before the interview. Make sure they understand investment terms. Look professional and stay calm.
Pro Tip: Give short, direct answers. Only volunteer extra information if the officer asks for it.
Comparing Adjustment of Status and Consular Processing
Adjustment of status lets you apply for your green card while staying in the U.S. You must live legally in America to use this option. Consular processing happens at U.S. embassies abroad.
Many investors choose these two paths based on location and current visa status. Let’s compare the key differences between these options in the table below.
| Aspect | Consular Processing | Adjustment of Status |
| Location | Visa petition process completed at U.S. Embassy/Consulate abroad | Visa petition process completed within the United States |
| Initial Requirements | – Can be outside the U.S.- No need for a current U.S. visa- Must have a valid passport | – Must be physically in the U.S.- Must have lawful status- Must maintain status throughout the process |
| Processing Time | – Generally faster- More predictable timeline | – Usually longer- Timeline varies by location |
| Cost | – Lower overall costs- Fewer forms to file- Single medical exam | – Higher filing fees- Multiple forms and applications- May need multiple medical exams |
| Flexibility | – Must remain outside the U.S. during the process- One-shot interview opportunity- Limited ability to respond to issues | – Can remain in the U.S.- Easier to respond to RFEs- Can supplement evidence more easily |
| Travel | – Cannot enter the U.S. until approved- Clear entry process once approved | – Can apply for Advance Parole- Can travel while pending (with AP)- Risk if traveling without AP |
| Work Authorization | – Cannot work in the U.S. until entry- Must wait for a green card | – Can obtain EAD card while pending- Can work with EAD before final approval |
| Advantages | – Faster processing- Cleaner process- Better for those outside the U.S.- Lower cost- More straightforward | – Stay with family in the U.S.- Continue working- Easier document submission- More flexible for corrections- Better for time-sensitive cases |
| Disadvantages | – Must leave the U.S. if present- Limited flexibility- Travel costs- Family separation during the process- Harder to respond to issues | – Higher costs- Longer processing time- Must maintain status- More complex documentation- Risk of status gaps |
| Best For | – Investors currently abroad- Those wanting faster processing- Straightforward cases- Budget-conscious applicants | – Those already in the U.S.- Families established in the U.S.- Complex cases needing flexibility- Those who can’t travel abroad |
How to Monitor Your EB 5 Visa Current Status?
Keeping track of your EB-5 visa status helps you stay prepared for each step of the process. Here are the three most common ways to check your visa status.
1. Using the USCIS Case Status System
Here’s a quick step-by-step process to check your EB 5 visa status through the USCIS website.
- Visit the USCIS website and look for the case status tool.
- Enter your 13-character receipt number (it should start with IOE, WAC, LIN, etc.)—you’ll find this on your I-526 receipt notice.
- Click “Check Status” to see your current stage.
The system shows if USCIS needs more documents from you. Many investors check this website weekly for new updates.
Pro Tip: Set up email alerts to get notifications automatically.
2. Using the CEAC System (for consular processing)
Go to the CEAC website and pick “Immigrant Visa” from the menu.
Then, enter your NVC case number and invoice ID. (You got these in your NVC welcome letter.)
The system shows if the NVC received your documents. You can track when your case moves to the embassy. Check CEAC often during document review and interview scheduling.
3. Through Attorney Portal
First, log into your immigration lawyer’s online system. Most law firms have unique portals for EB-5 clients.
Next, look at your case updates and upcoming deadlines. Then, read any new letters from USCIS or NVC. Your lawyer posts essential updates here.
Ready To Start Your EB-5 Journey Through Consular Processing?
Consular processing can be a complex journey for EB-5 investors. Understanding what happens at each stage will help you navigate the process smoothly and avoid common delays.
At Austin EB5, we understand that every investor’s situation is unique, and we’re here to help you understand your options.
Contact our EB-5 experts today to schedule a consultation. We’ll help you prepare for consular processing and connect you with qualified EB-5 projects that match your investment goals.
EB5 Consular Processing FAQs
What is consular processing for the EB-5 visa?
Consular processing for the EB-5 visa is the procedure through which an individual applies for an immigrant visa at a U.S. consulate or embassy outside of the United States after their immigrant petition has been approved. This allows the individual to enter the United States as a lawful permanent resident.
What are the steps involved in the consular processing application for the EB-5 visa?
The steps include filing the immigrant petition (Form I-526), receiving the approval notice, waiting for a visa number to become available, completing the immigrant visa application, and attending a processing appointment at the U.S. consulate or embassy.
When is my visa number available for consular processing?
You can check the Visa Bulletin published by the U.S. Department of State, which indicates when a visa number is available based on your priority date and visa category.
What happens during the processing appointment at the consulate?
During the processing appointment, a consular officer will review your immigrant visa application and supporting documents, ask questions to confirm your eligibility, and determine whether to approve it.
Can I apply for an adjustment of status if I’m already in the U.S. on a nonimmigrant visa instead of going through consular processing?
If you are already in the United States and eligible for adjustment of status, you can apply for a green card without leaving the country. However, outside the U.S., you must go through consular processing.
What are the processing fees associated with consular processing for the EB-5 visa?
Processing fees vary, but you must pay fees for the immigrant visa application, biometrics, and any additional fees required by the consulate. It’s essential to check the specific fees on the consulate’s website.
What should I do if my immigrant visa application is pending?
If your immigrant visa application is pending, you should regularly check the status through the consulate’s online portal and ensure you have provided all necessary documentation. Patience is often required as processing times can vary.
