EB-5 Filing Tips
This page contains tips for filing forms related to the EB-5 Immigrant Investor Program.
How do I…
Request expedited processing?
Visit Expedite Criteria.
Give USCIS my new address?
See the USCIS Change of Address Information page.
Get a duplicate approval notice?
Submit Form I-824, Application for Action on an Approved Application or Petition.
In the tables below, you will find additional information about the Form I-526 process and steps you may take after you have filed your petition with USCIS.
Have an approved Form I-526 and want to change your processing from adjustment of status in the United States to consular processing overseas
Submit Form I-824.
File a new Form I-526 petition on or after Nov. 21, 2019
You can retain the priority date of a previously approved EB-5 petition, except in the following scenarios:
Want to retain an earlier priority date
Include the approval notice for the previous petition in your adjustment application packet.
Would like a copy of a receipt notice associated with the filing of Form I-526
Write to the Immigrant Investor Program Office mailbox at email@example.com.
Sent you a notice requesting additional evidence in support of your Form I-526 petition
Please follow the instructions in that notice about where to submit it.
Have not requested additional evidence, but you want to submit additional evidence while your Form I-526 petition is pending
Mail it to:
USCIS Immigrant Investor Program
Please include a copy of the receipt notice for the petition. If the receipt notice is unavailable, include the petitioner’s name and the receipt number.
Can I file an appeal or motion if I disagree with a decision about my FormI-526?
The decision notice will indicate whether you may file an appeal and/or a motion. For information about filing requirements for appeals and motions, see 8 CFR 103.3 and 103.5 and Form I-290B, Notice of Appeal or Motion.
If someone contacts me about investing in an EB-5 project, how can I find out if the project is legitimate?
You should always do your own research and consult with a financial professional before making any investment decision. (For informational purposes only, USCIS lists all approved regional centers and terminated regional centers on Approved EB-5 Immigrant Investor Regional Centers and Regional Center Terminations pages.)
Find additional program information at EB-5 Immigrant Investor Program.
If I am pursuing consular processing, can I come to the United States as soon as my Form I-526 petition is approved?
No. For more information, see Consular Processing.
Does approval of Form I-526 guarantee I will be granted a visa or admitted to the United States?
No. An approved Form I-526 petition does not guarantee that the U.S. Department of State will issue you an EB-5 visa or that USCIS will grant adjustment of status if you are in the United States. Also, the issuance of a visa does not guarantee your entry into the United States.
As an investor, do I have to live in the same city where the project is located?
No. You do not have to live in the same city or state as the new commercial enterprise or the project.
Do I have to physically visit a regional center through which I want to invest?
No. USCIS does not require an on-site visit of the regional center, but investors should always do their own research and consult with a financial professional before making any investment decision.
Can I pursue other ways to immigrate to the United States while USCIS processes my Form I-526 petition?
Yes. You may pursue other ways to immigrate to the United States while USCIS processes your Form I-526 petition. However, you must be able to demonstrate eligibility for any benefit you seek.
How long does USCIS take to process a Form I-526 petition?
For current estimates, see Check Case Processing Times. However, processing times can vary depending on the circumstances of each case. These circumstances include factors such as the time it takes to complete a background check and whether we need to request additional evidence.
What if my child turns 21 while my Form I-829 petition is pending?
Children who turn 21 while your Form I-829 is pending can still have the conditions on their permanent resident status removed, assuming USCIS approves the petition.
When must I file Form I-829?
You must file your Form I-829 petition within the 90 calendar day period before the second anniversary of obtaining conditional permanent resident status. For more information, refer to the Form I-829 instructions (PDF, 399.14 KB).
Why can’t I view my Form I-829 case status online?
Case Status Online is only available to the Form I-829 petitioner who was initially the primary Form I-526 petitioner. This Form I-829 petitioner can check their case status using the Form I-829 receipt number.
Why do I have two receipt numbers?
When you properly file Form I-829, you are provided with a receipt notice that extends your conditional permanent resident status by 18 months and, along with your Green Card, also authorizes you to work and travel. Once USCIS has scheduled you for a biometrics appointment, you will then receive another receipt number related to your biometrics appointment.
Are copies of Schedule K-1 sufficient to establish sustainment of investment?
USCIS adjudicates every petition on a case-by-case basis. Please see the Form I-829 Instructions and 8 CFR 216.6 for information about the evidence you must submit with your petition. If you use copies of Schedule K-1, you must show that your investment was sustained throughout your conditional residency period.
What happens if I do not file Form I-829 or I miss the filing deadline?
If you fail to file your Form I-829 petition within the 90 days preceding the second anniversary of obtaining conditional permanent resident status, USCIS will terminate your conditional permanent resident status and you will become removable from the United States. However, if your failure to file within that 90-day period was for good cause and due to extenuating circumstances, you may file your petition late with a written explanation and request that USCIS excuse your late filing. If you can show good cause and extenuating circumstances, USCIS, in its discretion, may accept a late petition. USCIS decides such requests on a case-by-case basis.
Should I be in the United States when my I-829 petition is filed?
You may file your I-829 petition regardless of whether you are in the United States. However, if you are outside the United States, you must return for your biometrics appointment or, if necessary, to comply with USCIS interview requirements.
Are regional centers affiliated with USCIS?
No. USCIS designates an entity as a “regional center” for purposes of participating in the EB-5 program, but regional centers are not affiliated with USCIS or the Department of Homeland Security.
For filing tips, go to Annual Reporting Information / Filing Tips: Form I-924A, Annual Certification of Regional Center.
What are general tips for submitting evidence? When submitting evidence, keep in mind:
- Inconsistencies in documents: There may be legitimate reasons for inconsistencies. For example, the dimensions listed on preconstruction contracts for house purchases may vary from the actual dimensions shown on other documents. When submitting documents, providing explanations and evidence to reconcile inconsistencies reduces the chances of a Request for Evidence (RFE).
- Unavailability of documents: Explaining and providing evidence for why a particular document is not available reduces the chances of an RFE. For example, if claiming that proof of prior employment is unavailable because a company no longer exists, you may wish to submit evidence that the company has been dissolved.
- Probative value of evidence: “Probative value” refers to whether a document proves or supports a claim or eligibility requirement. Submitting evidence with greater probative value and credibility reduces the chances of an RFE.
- Incomplete translations: USCIS requires complete English translations of all foreign language documents submitted as evidence. Ensuring that foreign language documents are translated in their entirety before submitting them reduces the chances of an RFE or Request for Clarification.
- Policy and legal questions about adjudicative procedures or decisions;
- Questions about the interpretation, implementation or administration of EB-5 laws and regulations, or about official agency guidance related to the adjudication of EB-5 applications or petitions;
- Responses to case-specific requests for evidence, notices, or decisions; or
- Any matters unrelated to the EB-5 program.