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  5. EB-5 Immigrant Investor Process

EB-5 Immigrant Investor Process

This page in Simplified Chinese. (PDF, 270.61 KB)

ALERT: Beginning Sept. 1, 2022, we will no longer accept a single, combined fee payment when an applicant or petitioner files Form I-526, Immigrant Petition by Standalone Investor, or Form I-526E, Immigrant Petition by Regional Center Investor, together with Form I-485, Application to Register Permanent Residence or Adjust Status, Form 131, Application for Travel Document, or Form I-765, Application for Employment Authorization. Petitioners may combine the fee payment for Forms I-485, I-131 and I-765. However, petitioners must send a separate fee payment for Form I-526 or Form I-526E.

If a petitioner or applicant submits a single, combined fee payment for Forms I-526 or I-526E and the other forms, we will reject the forms for improper fee payment and return the fee.

This page provides an overview of the EB-5 petition and application process for immigrating to the United States.

  1. File Form I-526, Immigrant Petition by Standalone Investor, or Form I-526E, Immigrant Petition by Regional Center Investor.

If an immigrant visa is immediately available to you, you may file Form I-485, Application to Register Permanent Residence or Adjust Status, together with your Form I-526 or Form I-526E, while your Form I-526 or Form I-526E is pending, or after your Form I-526 or Form I-526E is approved. To make sure that an immigrant visa is immediately available to you when you file your Form I-485, see the Visa Availability and Priority Dates and Adjustment of Status Filing Charts from the Visa Bulletin pages on our website as well as the Visa Bulletin.

  1. After we approve your Form I-526 or Form I-526E petition, either:
    • File DS-260, Application for Immigrant Visa and Alien Registration, with the U.S. Department of State to obtain an EB-5 visa abroad to seek admission to the United States; or
    • File Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS (if you did not already file Form I-485 prior to Form I-526 or Form I-526E approval) to adjust status to a conditional permanent resident within the United States. Once we approve your Form I-485 application or upon admission into the United States with an EB-5 immigrant visa, we will grant conditional permanent residence to the EB-5 investor and derivative family members for a two-year period.
  2. File Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, within the 90-day period immediately before the second anniversary of your adjustment of status or admission to the United States as a conditional permanent resident.
  3. If USCIS approves this petition, we will remove the conditions from your lawful permanent resident status and from that of any dependents you included.

Last Reviewed/Updated:
10/26/2022
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