The EB-5 Investor Visa is a 3 step self-petitioning process consisting of the: (1) Form I-526 Immigrant Petition by Alien Entrepreneur; (2) Form I-485 Adjustment of Status Application or U.S. Embassy Immigrant Visa Processing, and (3) Form I-829 Petition to Remove Conditions on Residence.
Seek Status as an EB-5 Immigrant Investor
In order to seek status as an EB-5 immigrant investor, the applicant must file Form I-526 Petition by Alien Entrepreneur with the USCIS. The I-526 petition must be submitted with supporting documentation which clearly demonstrates that the applicant’s investment satisfies all EB-5 requirements, including:
- Establishing a new commercial enterprise;
- Investing the requisite capital amount;
- Proving the investment comes from a lawful source of funds, creating the requisite number of jobs;
- Demonstrating the investor is actively participating in the business; and
- Creating employment within a targeted employment area, if applicable.
Obtain Status as a Conditional Resident
After approval of the I-526 petition, the immigrant investor may obtain status as a conditional resident (conditional 2 year green card) by:
- Filing the I-485 Application for Adjustment of Status to Permanent Residence with the USCIS, if the applicant resides in the United States in valid non-immigrant status; OR
- Applying for an Immigrant Visa with the National Visa Center (NVC) and the U.S. Embassy in the applicant’s home country, if he or she resides outside the United States.
Filing for Removal of Conditional Residency (I-829 Petition)
Within the 90 day period before the EB-5 investor’s 2-year conditional residency (i.e., conditional green card), he or she must file an I-829 Petition by Entrepreneur to Remove the Conditions on Residence, to request removal of conditional permanent residency. Upon approval of the I-829 petition, the investor will receive permanent resident status (i.e., permanent green card).
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The information on this website is not to be considered legal advice. Such information is intended to educate members of the public generally and is not intended to provide solutions to individual problems. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek advice from an experienced immigration attorney regarding specific case situations.
