EB-5 Filing Tips
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This page contains tips for filing forms related to the EB-5 Immigrant Investor Program.
How do I…
Request expedited processing?
Visit Expedite Requests.
Give USCIS my new address?
See the How to Change Your Address 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.
| If you: | Then: |
|---|---|
| Have an approved Form I-526 or I-526E and want to change your processing from adjustment of status in the United States to consular processing overseas | Submit Form I-824, Application for Action on an Approved Application or Petition. |
| Would like a copy of a receipt notice associated with the filing of Form I-526 or I-526E | Send an email to the Immigrant Investor Program Office mailbox |
| If we: | Then: |
|---|---|
| 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 or I-526E petition is pending | If you filed your Form I-526 or Form I-526E after March 15, 2022, and you have a myUSCIS account, you may upload evidence via your myUSCIS account while the petition is pending. Please see the Benefits of a USCIS Online Account page. Or, to provide paper documentation, mail 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. |
May I file an appeal or motion if I disagree with a decision about my Form I-526 or Form I-526E?
The decision notice will indicate whether you may file an appeal or a motion, or both. 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, we list all approved regional centers and terminated regional centers on our Approved EB-5 Immigrant Investor Regional Centers and Regional Center Terminations pages.)
Find more program information at EB-5 Immigrant Investor Program.
If I am pursuing consular processing, may I come to the United States as soon as my Form I-526 or Form I-526E petition is approved?
No. For more information, see Consular Processing.
Does approval of my Form I-526 or Form I-526E guarantee that I will be granted a visa or be admitted to the United States?
No. An approved Form I-526 or Form I-526E petition does not guarantee that the U.S. Department of State will issue you an EB-5 visa or that we 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 that I want to invest in?
No. We do not require an investor to visit the regional center or project location, but investors should always do their own research and consult with a financial professional before making any investment decision.
May I pursue other ways to immigrate to the United States while USCIS processes my Form I-526 or I-526E petition?
Yes. You may pursue other ways to immigrate to the United States while we process your Form I-526 or Form I-526E 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 or I-526E petition?
For current estimates, see Check Case Processing Times. Processing times can vary depending on the circumstances of each case. These circumstances may 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?
Derivative children who turn 21 while a Form I-829 is pending can still have the conditions on their permanent resident status removed, assuming we approve 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.
How can I view my Form I-829 case status online?
Form I-829 status information is available in Case Status Online by entering in the Form I-829 receipt number.
Why do I have 2 receipt numbers?
When you properly file Form I-829, you receive a receipt notice that extends the validity of your Permanent Resident Card (also known as a Green Card) by 4 years and, along with your Green Card, also authorizes you to work and travel. If we must schedule you for a subsequent biometrics appointment, you may receive another receipt number related to your biometrics appointment.
Are copies of Schedule K-1 sufficient to establish sustainment of investment?
We adjudicate 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 you maintained your investment for the appropriate amount of time depending on the date you filed your EB-5 immigrant visa petition.
What happens if I do not file Form I-829 or I miss the filing deadline?
In general, if you fail to file your Form I-829 petition within the 90 days preceding the second anniversary of obtaining conditional permanent resident status, we 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 ask that we excuse your late filing. If you can show good cause and extenuating circumstances, we, in our discretion, may accept a late petition. We decide such requests on a case-by-case basis.
Should I be in the United States when my Form 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. We designate “regional centers” for purposes of participating in the EB-5 program, but the regional centers are not affiliated with us or with the Department of Homeland Security.
Our approval of a regional center for participation in the EB-5 program does not constitute any endorsement by the U.S. government. For more information, see Approved EB-5 Immigrant Investor Regional Centers and Regional Center Terminations.
Are there additional forms that should be submitted alongside the Form I-956?
Applicants should gather all required Forms I-956H and submit them at the same time as they submit Form I-956. This will help us bundle all the files together and move the adjudications process along.
How should I determine what number to enter on Form I-956F: Part 5 Item Number 7. Number of Expected EB-5 Investors into the NCE?
This number should reflect the maximum expected number of EB-5 Investors supported by the underlying evidence. We use this number for our approval decision notices for Form I-956F. Offering documents stating a different maximum number of expected EB-5 investors requires an amendment.
How do I submit additional Forms I-956H in response to a Request for Evidence or Notice of Intent to Deny?
If you submit additional Forms I-956H in response to a Request for Evidence or Notice of Intent to Deny, you should provide evidence, such as the number and names of persons filing the Forms I-956H, as well as evidence that you have submitted all requested Forms I-956H properly submitted according to our instructions.
What address should we provide on Form I-956H?
Anyone submitting Form I-956H must include their mailing address and not simply the mailing address of the EB-5 entity they are involved with. We use the address provided in the Form I-956H to schedule people for biometrics appointment at the closest application support center. Providing the correct mailing address will help prevent unnecessary cancellations or rescheduling of the biometrics appointments.
Why does USCIS require an annual statement for each regional center if no changes have occurred?
Regional centers must submit to provide required information, certifications, and evidence that show their continued eligibility for regional center designation.
Failing to file Form I-956G for each federal fiscal year in which the regional center has been designated may result in sanctions for failing to file in a timely manner. Such sanctions could include termination of the regional center’s designation.
When is the Attachment 1 starting on page 11 of Form I-956G required?
You must complete Attachment 1, Information About Each New Commercial Enterprise and Capital Investment Project, for each new commercial enterprise sponsored by the regional center with active EB-5 investors (that is, those who have a pending Form I-526 or Form I-526E or those who have obtained conditional permanent resident status and not yet filed their Form I-829) in the applicable reporting period. Providing all required such attachments reduces the chances that would receive a Request for Evidence or Request for Information.
What are general tips for submitting evidence?
When submitting evidence, keep in mind the following:
- 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 that you would receive a Request for Evidence (RFE).
- Unavailability of documents. Explaining and providing evidence for why a particular document is not available reduces the chances that you would receive an RFE. For example, if you claim 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 that you would receive an RFE.
- Incomplete translations: We require complete and certified English translations of all foreign language documents submitted as evidence. Ensuring that foreign language documents are translated in their entirety and certified by the translator before submitting them reduces the chances of that you would receive an RFE or Request for Clarification.
Who needs to file Form I-956K?
Both entities and individuals, including employees and agents, acting as promoters for EB-5-related entities in connection with any offering of securities related to the EB-5 program should file Form I-956K. Generally, a promoter is an individual or organization that promotes the investment offerings of a regional center or its associated entities, usually for compensation, to potential investors. An initial Form I-956K should be filed before the promoter begins promotional activities. A Form I-956K amendment should be submitted when there is a change to written agreements previously submitted to USCIS.
How do I know if I am a direct promoter, third-party promoter, or migration agent?
You may be a direct promoter if you are employed by a regional center or its associated new commercial enterprises (NCEs) or affiliated job-creating entity (JCEs). This also includes subagents or employees of entities with agreements in place to promote a regional center, any new commercial enterprise, an affiliated job-creating entity, or an issuer of securities intended to be offered to alien investors that are promoting the regional center, new commercial enterprise, affiliated job-creating entity, or issuer of securities to alien investors.
A third-party promoter may promote offerings related to multiple regional centers, NCEs, or affiliated JCEs.
A migration agent specializes in helping people who want to move to or remain in certain countries and who may have to register with a government body.
Keep in mind the party filing the Form I-956K may fall under more than one of these terms and can check multiple boxes on the form.
Where can I find my Promoter Registration Number?
You can find your Promoter Registration Number in the receipt notice we send you for your Form I-956K. It is also at the top of your Notice of Registration, which we send you when we process your registration. When you file an amendment to an existing Form I-956K (even if you have not yet received a Notice of Registration), please make sure to include your assigned promoter ID in question 2.
Does every Form I-956K submitted need to include a copy of written agreements?
You should submit all written agreements for EB-5 promotional activities to us, but you do not have to include the full agreement with each filing. A promoter may refer to an agreement in a related filing, such as that of an employer or another contracting promoter. To help us process your registration, please note the applicable agreements on each Form I-956K filing and where we can find these agreements.
Visit EB-5 Immigrant Investor Program for general information about the EB-5 immigrant Investor Program, including links to information on regional centers, EB-5 visa classifications, alerts and latest news, how to apply, EB-5 resources, and much more.
You can write to uscis.immigrantinvestorprogram@uscis.dhs.gov to:
- Check the status of an EB-5 application or petition that is outside published processing times (for cases within the published processing times, visit Case Status Online);
- Change the contact or attorney information on an EB-5 application or petition;
- Notify us within 30 days of changes, including changes to a designated regional center’s address or contact information;
- Report problems with EB-5 biometrics processing;
- Report that an EB-5 petition receipt notice or application support center notice has not been received or contains incorrect information; or
- Report any EB-5 notice or decision that appears to contain a gross error.
If you have questions about consular processing, including questions about creating a case or providing documents necessary to be scheduled for a consular interview, please contact the National Visa Center.