EB-5 Immigrant Investor Process
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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.
- 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.
- 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.
- 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.
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If USCIS approves this petition, we will remove the conditions from your lawful permanent resident status and from that of any dependents you included.