To participate in the EB-5 Program, investors must file the I-526E petition with the United States Citizenship and Immigration Services (USCIS). After I-526E approval, investors will file a separate petition – the I-829 petition – to receive permanent residency.
The I-526E Petition
Filing the I-526E petition is the first step in the EB-5 Program application process. The USCIS requires all investors to produce the following:
- Evidence that the invested capital comes from a “lawful source”
- Evidence that an investor’s accumulated wealth is sufficient for an EB-5 investment
- Evidence that the investor has transferred funds to the Regional Center’s escrow account or project account
- Copies of passports for each family member on the petition
- Documents related to the petitioner’s education and employment history, such as résumés, diplomas, and other relevant documents
- Birth and marriage certificates for all family members on the investor’s application
- Additional information may be required on a case-by-case basis
To fulfill the above requirements, investors must coordinate with an immigration attorney. When you’re ready to subscribe to one of our projects, we can provide a list of experienced, non-affiliated immigration attorneys for you to contact.
The I-829 Petition
Upon approval of the I-526E petition, the investor and all family members listed on the petition will receive a conditional green card that lasts for two years. Within 90 days of the conditional green card’s expiration, investors and their attorneys must file the I-829 petition to demonstrate the following:
- Evidence that the investor invested the required amount of capital into the project
- Evidence that the invested funds were “at risk” at the time of the I-829 petition filing
- Evidence that the commercial enterprise created, or can be expected to create, at least 10 full-time jobs as a result of the investor’s funds
- Upon USCIS approval of the I-829 petition, investors and their family members will receive permanent U.S. green cards