EB-5 Visas

STEP 1

Regional Center files Form I-956F Project Approval Application with USCIS.

STEP 2

Investor files Form I-526 with USCIS for Direct EB-5 Investments.

Investor files Form I-526E with USCIS for Regional Center investors.

If the EB-5 Visa Category does not have a waiting list, the investor and family lawfully living in the U.S. may apply for I-485 Adjustment of Status with 5-Year Work Permit and Travel Permit.

STEP 3

For Regional Center investors, USCIS must approve Form I-956F. 

(Not required for Direct EB-5 Investments.)

STEP 4

USCIS approves Form I-526 or I-526E.

STEP 5

The investor, spouse and children under age 21 complete a visa interview at the U.S. Consulate.

Alternatively, if the investor and family filed I-485 Adjustment of Status, they will receive their 2-year Conditional Residency Cards in the U.S. (usually without a visa interview).

STEP 6

The investor and family then become Conditional Lawful Permanent Residents of the United States for a period of 2 years. This known as “conditional” Lawful Permanent Resident status because it lasts for 2 years.

STEP 7

Investor and family file Form I-829 Petition to Remove Conditions with USCIS . This petition must be filed in the 90-day window before the 2^nd anniversary of the investor’s Conditional Lawful Permanent Resident status.  The Form I-829 petition requires that the investor demonstrate that they maintained their investment during the minimum 2-year sustainment successfully created the required 10 new jobs through their investment.

After Form I-829 is approved, the investor and family obtain unconditional Lawful Permanent Resident status.

If the Form I-829 petition is not filed, or is filed and is not approved, then the immigrant investor and his or her family will lose their Conditional Lawful Permanent Resident status and must either leave the United States or obtain a new visa status to the United States.