Applying for the EB-5 Visa

Acquiring lawful permanent residence (“Green Card”) through the EB-5 Visa category is a three step self-petitioning process.

  1. First the successful applicant must obtain approval of his or her Form I-526 Petition for an Alien Entrepreneur (See I-526 Petition).
  2. Second, he or she must either file an I-485 (See Adjustment of Status) application to adjust status to lawful permanent resident, or apply for an immigrant visa at a U.S. consulate or embassy outside of the United States (See Consular Processing).

    The EB-5 applicant (and he or her derivative family members) are granted conditional permanent residence for a two year period upon the approval of the I-485 application or upon entry into the United States with an EB-5 immigrant visa.
  3. Third, a Form I-829 Petition by an Entrepreneur to Remove Conditions must be filed 90 days prior to the two year anniversary of the granting of the EB-5 applicant’s conditional Green Card (See I-829 Removal of Conditions).

    If this petition is approved by CIS then the EB-5 applicant will be issued a new Green Card without any further conditions attached to it, and will be allowed to permanently live and work in the United States., its owners and associates, do not function as attorneys or legal counsel and do not attempt to interpret immigration law and do not provide or offer legal advice or legal services or investment advice. Anyone considering an investment based visa should seek independent professional advice. The information on this site is intended to be general on the subject of the EB5 investment visa green card program and should not be relied upon for any specific situation. Any reference to designated regional centers on this website is posted as reference material only.