EB-5 Investors

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Petition/Application Process

  1. File Form I-526, Immigrant Petition by Alien Entrepreneur
  2. Following approval of the Form I-526 petition, either:
  • File Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS to adjust status to a conditional permanent resident within the United States, or
  • 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. 

Upon the approval of a Form I-485 application or upon admission into the United States with an EB-5 immigrant visa, the EB-5 investor and derivative family members will be granted conditional permanent residence for a 2-year period.

Removing Conditions

File Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, within the 90-day period immediately before the second anniversary of the EB-5 investor’s admission to the United States as a conditional permanent resident.

    If USCIS approves this petition, the conditions will be removed from the lawful permanent resident status of the EB-5 investor and any included dependents.

    Form I-526 Petition for an Alien Entrepreneur

    Requirements

    Supporting Documents (Evidence)*

    New Commercial Enterprise

    Evidence that you have invested or are actively in the process of investing in a “for profit” new commercial enterprise, which is a commercial enterprise:

    • Established after Nov. 29, 1990, or
    • Established on or before Nov. 29, 1990, that is:
      1. Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results, or
      2. Expanded through the investment so that at least a 40-percent increase in the net worth or number of employees occurs

    Evidence, if applicable, that the new commercial enterprise has been established and, if you seek eligibility under the reduced investment amount, evidence regarding the targeted employment area (TEA). For the definition of a TEA and information about investment amounts, see About the EB-5 Visa Classification.

    Managing the New Commercial Enterprise

    Evidence that you are or will be engaged in the management of the new commercial enterprise (either through day-to-day managerial control or through policy formulation).

    Investment

    Evidence that you have invested or are actively in the process of investing the required amount of capital ($1 million or, if the qualifying investment is within a TEA, $500,000). 

    Evidence that the investment capital was obtained through lawful means. The petition must be accompanied, as applicable, by:

    • Foreign business registration records;
    • Corporate, partnership (or other entity), and personal tax returns, or other tax returns of any kind filed within 5 years, with any taxing jurisdiction in or outside the United States by you or on your behalf;
    • Evidence identifying any other source of capital; or
    • Certified copies of any judgments or evidence of all pending civil or criminal actions, governmental administrative proceedings, and any private civil actions (pending or otherwise) involving money judgments against you from any court in or outside the United States within the past 15 years.
     Job Creation

    Evidence that the new commercial enterprise will create at least 10 full-time positions for qualifying employees. If the requisite employees have not already been hired, you will need to submit a comprehensive business plan showing that, due to the nature and projected size of the new commercial enterprise, the need for at least 10 qualifying employees will result.

    Job Preservation--Troubled Business

    Evidence that the number of existing employees is being or will be maintained at no less than the pre-investment level for a period of at least 2 years. Submit photocopies of tax records; Form I-9, Employment Eligibility Verification; or other relevant documents for the qualifying employees and a comprehensive business plan in support of the petition.

    *For more information, see 8 CFR 204.6, the Form I-526 instructions and the USCIS Policy Manual.

    Form I-829 Petition by Entrepreneur to Remove Conditions

    You must submit Form I-829 within the 90-day period immediately before the second anniversary of your admission to the U.S. as a conditional permanent resident.

    Requirements

     Supporting Documents (Evidence)*

    Investment

    Evidence that you invested or are actively in the process of investing in a new commercial enterprise. This evidence may include, but is not limited to, copies of the business’ organizational documents and federal tax returns.

    Evidence that you have invested or are actively in the process of investing the required amount of capital. Such evidence may include, but is not limited to, an audited financial statement or other probative evidence.

    Evidence that you have sustained your investment in the new commercial enterprise throughout your 2-year period of conditional permanent residence. This evidence may include, but is not limited to, the following:

    • Invoices and receipts;
    • Bank statements;
    • Contracts;
    • Business licenses;
    • Federal or state income tax returns; and
    • Federal or state income quarterly tax statements.

     Job Creation

    Evidence that you created or will create within a reasonable time 10 full-time jobs for qualifying employees. Such evidence may include, but is not limited to:

    • Payroll records
    • Relevant tax documents; and
    • Forms I-9 for employees.
    Job Preservation--Troubled Business

    The same documentation for job creation listed above, except the evidence must show that the commercial enterprise  maintained the number of existing employees at no less than the pre-investment level for the period following the investor’s admission as a conditional permanent resident.

    * For more information, see 8 CFR 216.6, the Form I-829 instructions and the USCIS Policy Manual.

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