The following is an overview of the EB-5 Visa Investor Application Process:
Each foreign investor must file an individual Form I-526 petition to apply to the EB-5 program. If the Form I-526 petition is approved, the investor obtains conditional permanent residency and has two (2) years to fulfill the program requirements of job creation and capital investment. At the end of the two (2) year period, the investor must file a Form I- 829 petition to demonstrate that the investor has met all of the terms and conditions of the program. When approved, the foreign investor becomes a legal permanent resident of the U.S. and is no longer under the jurisdiction of the EB-5 program.
The following is an overview of the EB-5 Visa Immigrant Investor Application Process as provided by the USCIS:
- File a Form I-526, Petition by Alien Entrepreneur
- Upon approval of the Form I-526 petition, either: (1) File a Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS to adjust status to conditional permanent resident within the United States, or (2) File a DS-230, Application for Immigrant Visa and Alien Registration, with the Department of State to obtain an EB-5 visa for admission to the United States.
The EB-5 investor (and his or her derivative family members) is granted conditional permanent residence for a two-year period upon the approval of the I-485 application or upon entry into the United States with an EB-5 immigrant visa.
- File Form I-829, Petition by Entrepreneur to Remove Conditions, 90 days prior to the two-year anniversary of the granting of the EB-5 investor’s conditional resident status (Green Card). If USCIS approves this petition, the conditions are removed from the EB-5 applicant’s status and the EB-5 investor and derivative family members will be allowed to permanently live and work in the United States.
Forms are available in the Forms section of the USCIS website, by calling 1-800-870-3676, or by submitting a request through the USCIS Forms by Mail system. Please see the USCIS website for more information on USCIS offices.