In order to complete the EB-5 process and become a permanent U.S. resident, investors must go through three steps:
USCIS Form I-526 – Immigrant Petition by Alien Entrepreneur. This is your first official step in the EB-5 process after completing your Accredited Investor Questionnaire, choosing a Project, signing all of the proper documents to subscribe to a Regional Center Project, and placing your funds in escrow with the project. The I-526 Application is submitted to the USCIS by your immigration attorney along with supporting documentation that clearly demonstrates that your investment meets all EB-5 requirements.
USCIS Form I-485/Consular Review. After receiving approval of the I-526 Application, investors already residing in the U.S. may submit a completed Application to Register Permanent Residence or Adjust Status (Form I-485) to the USCIS. For investors residing outside of the U.S. – the process is similar but requires the investor to apply for an immigrant visa at the US Consulate in their country of residence.
USCIS Form I-829 – Petition by Entrepreneur to Remove Conditions. One year and nine months after initial I-526 approval, investors can file a completed Form I-829 with the USCIS to have conditions removed from their Green Card and establish permanent residency. With this petition, the investor must demonstrate that the investment was sustained throughout the two-year conditional period and that job creation requirements were met by the project. During this process, the investor is aided by their chosen Regional Center in providing the requisite documentation. Upon approval of the I-829 application, full permanent resident status is given to the investor and his or her spouse and any unmarried children under 21 years of age.