The EB-5 Investor Application Process

Your 5 Steps to Permanent U.S. Residency

Obtaining permanent residency through the EB-5 program involves a series of steps.

Step 1:

Selection

Identify an appropriate EB-5 project for investment. Advisors, agents and regional centers can help to locate and evaluate projects.

View Nysa EB-5 Projects

Step 2:

Investment

Prepare the required capital investment. The minimum qualifying EB-5 investment amount is $1,050,000, or $800,000 if the project is located in a targeted employment area (TEA). Consult with immigration advisors regarding a strategy for source of funds and how to transfer funds to the project. The Nysa EB-5 legal team can help with this part of the process.

Step 3:

Immigrant Petition

File Form I-526. After making a qualifying investment in an EB-5 project, file a Form I-526 petition with USCIS. The I-526 petition provides evidence regarding the investment project and source of investment funds. I-526 processing times have varied widely, with a reported average of 24 to 36 months.

Step 4:

Conditional Green Card

Apply for conditional permanent residency. After I-526 approval, apply for conditional permanent residency. An applicant may file a visa application with the U.S. Department of State (if residing outside the United States) or a Form I-485 application to adjust status with USCIS (if residing in the United States under another visa status). For applicants from countries with visas available, the process typically takes six to 12 months on average. For certain countries, waiting for an available visa number can add months or even years to the wait time. The monthly “Visa Bulletin” indicates which countries have EB-5 visas currently available. Upon approval, the applicant, the applicant’s spouse and any qualifying children receive two-year green cards and can enter the United States.

Step 5:

Unconditional Green Card

Submit Form I-829. Within 90 days of the end of the two-year conditional permanent residency period, submit a Form I-829 petition to remove conditions. This petition provides evidence that the EB-5 investment was sustained and has created jobs. When USCIS approves the I-829 petition, the investor and family members become permanent residents without condition. They may continue to live and work in the United States, and have the option to become U.S. citizens after five years from when they became conditional permanent residents. USCIS does not require the EB-5 investment to be sustained after the I-829 is due to be filed.