EB-5 APPLICATION PROCESS
Phase 1: Project Selection & Preparation
1. Evaluate Project and Prepare Fund Sources
Review project materials and identify the legal source of investment funds. Sign relevant legal documents and open an escrow account.
💡 Note: EB-5 requires investors to prove the lawful source of funds. It is recommended to begin collecting documentation early, ideally within 12–18 months prior to filing.
2. Make Investment
Invest a minimum of $800,000 USD (if in a TEA) or $1,050,000 USD (non-TEA). Ensure that funds are fully committed and held in escrow.
💡 Note: Investment must be “at risk” as per EB-5 regulations. Funds should not be guaranteed or returnable unless approved for refund.
Phase 2: Immigration Process
3. Concurrent Filing of I-526E and I-485
The investor’s immigration attorney files Form I-526E and Form I-485 (adjustment of status) with USCIS. This begins with the EB-5 application and green card process. If in the U.S., the investor may also apply for a Combo Card (EAD + Advance Parole) to work and travel while the petition is pending.
💡 Applicants already in the U.S. may obtain a Combo Card within ~4 months after concurrent filing.
4. I-526E Approval
USCIS reviews and approves the I-526E petition, confirming that the investment meets EB-5 eligibility requirements.
Phase 3: Conditional Green Card
5. Immigrant Visa or Status Adjustment
Once I-526E is approved, the investor and qualified family members may obtain conditional green cards through consular processing or adjustment of status if already in the U.S.
Phase 4: Remove Conditions & Obtain Permanent Residency
6. File I-829 to Remove Conditions
Within 90 days before the conditional green card expires, the investor must file Form I-829 to demonstrate that the investment has been sustained and created at least 10 full-time jobs.
💡 USCIS will review whether the jobs were created, and the funds remained invested during the conditional period.
7. I-829 Approval
Upon approval, conditions are removed and the investor and their family are granted permanent green cards.