EB5 Process

EB5 If You Are Living Outside the United States

You can become a permanent resident through consular processing if you live outside the United States. Consular processing is when USCIS works with the Department of State to issue a visa on an approved Form I-526, Immigrant Petition by Alien Entrepreneur, petition when a visa is available. For more information on consular processing, visit the U.S. Citizenship and Immigration Services website for more information.

EB5 If You Are Living in the United States

You can become a conditional permanent resident through adjustment of status if you live inside the United States. Once the Form I-526 is approved and a visa number is available, you can apply for conditional permanent residence on Form I-485, Application to Register Permanent Residence or Adjust Status. For more information visit U.S. Citizenship and Immigration Services website for more information.

EB5 Supporting Evidence for Form I-485

You should submit the following evidence/documentation with your application:

  • Two passport-style photos
  • Form G-325A, Biographic Information, if you are between 14 and 79 years of age
  • Copy of government issued photo identification
  • Copy of birth certificate
  • Copy of passport page with nonimmigrant visa (if applicable)
  • Copy of passport page with admission (entry) or parole stamp (if applicable)
  • Form I-94, Arrival/ Departure Record (if applicable)
  • Certified copies of court records (if you have been arrested)
  • Form I-693, Report of Medical Examination and Vaccination Record
  • Applicable fees
  • The approval notice for Form I-526 (Form I-797)

EB5 for Family of Entrepreneurs

Your spouse and unmarried children under the age of 21, (known as derivatives) may be included on your immigration petition. If the children are residing in the U.S., then each child will need to file a Form I-485. The children and the parents are counted toward the annual cap of 10,000 visas.

EB5 Work & Travel Authorization

Generally, when you have a pending Form I-485, it is possible for you to apply for authorization to work in the United States and to seek advance parole (advance permission to travel and be admitted to the United States upon your return). For further information, visit U.S. Citizenship and Immigration Services website for more information.