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 Alien Investor.
- After we approve your Form I-526 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 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 admission to the United States as a conditional permanent resident.If USCIS approves this petition, we will remove the conditions from your lawful permanent resident status and any dependents you included.
Evidence and Supporting Documents to submit with Form I-526, Immigrant Petition by an Alien Investor
You may submit Form I-526 if you are an investor who wishes to immigrate to the United States.
| Requirements | Supporting Documents (Evidence)* |
|---|---|
| New Commercial Enterprise | You must submit evidence that you have invested in, or are actively in the process of investing in, a “for profit” new commercial enterprise that was established:
If applicable, you must submit evidence that an individual or entity established the new commercial enterprise and, if you seek eligibility under the reduced investment amount, you must also submit evidence of the targeted employment area (TEA). For the definition of a TEA and information about investment amounts, see About the EB-5 Visa Classification. For information about how to demonstrate that the investment is in a TEA, see Volume 6, Part G of the USCIS Policy Manual. |
| Managing the New Commercial Enterprise | You must submit evidence that you are, or will be, managing the new commercial enterprise (either through day-to-day managerial control or through policy formulation). |
| Investment | You must submit evidence that you have invested or are actively investing the required amount of capital. (For the minimum investment amounts, see About the EB-5 Visa Classification.)
You must submit evidence that the investment capital was obtained through lawful means. The petition must be accompanied, as applicable, by:
|
| Job Creation | You must submit evidence that the new commercial enterprise will create at least 10 full-time positions for qualifying employees. If the entity responsible for job creation has not documented the requisite employees, you must 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 | You must submit evidence that the number of existing employees is, or will be, maintained at no less than the pre-investment level for 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 (PDF), and Volume 6, Part G of the USCIS Policy Manual.
Evidence and Supporting Documents to Submit with Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status
You must submit Form I-829 within the 90-day period immediately before the second anniversary of your admission to the United States as a conditional permanent resident.
| Requirements | Supporting Documents (Evidence)* |
|---|---|
| Investment | You must submit evidence that you invested in, or are actively investing in, a new commercial enterprise. This evidence may include copies of the business’ organizational documents and federal tax returns.
You must submit evidence that you have invested, or are actively investing, the required amount of capital. Such evidence may include an audited financial statement or other probative evidence. You must submit evidence that you have sustained your investment in the new commercial enterprise throughout your 2 years of conditional permanent residence. This evidence may include:
|
| Job Creation | You must submit evidence that you created, or will create, within a reasonable time, 10 full-time jobs for qualifying employees. Such evidence may include:
|
| Job Preservation–Troubled Business | You must submit the same documentation for job creation listed above, but 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 (PDF), and Volume 6, Part G of the USCIS Policy Manual.
