Eligibility & Requirements

Participation in a EB-5 Program requires investors to file a I-526 petition with the United States Citizenship and Immigration Services (USCIS). 90 days before the conditional green cards expiration, investors must file a separate petition – the I-829 – to receive permanent residency.

The I-526 Petition

The I-526 Petition is utilized to prove that the potential investor is eligible to participate in the EB-5 program and must be filed in order to obtain an EB-5 visa. An immigration attorney should file the I-526 form – there is a $1,500 filing fee to file this form. The I-526 petition is the first step in the EB-5 Program application process. USCIS requires all investors to produce the following:

  • Verification that an investor has sufficient funds to participate in the EB-5 investment
  • Confirmation that the invested capital comes from a “lawful source”
  • Evidence that the investor has transferred funds to the Regional Center’s escrow account
  • Copies of passports for each family member that is listed on the petition
  • Documentation that proves the petitioner’s education and employment history Transcripts, resumes, degrees and other supportive relevant documents are necessary for this process
  • Birth certificates and marriage licenses are required for all family members listed on the investor’s application

To satisfy I-526 requirements all investors must work with an immigration attorney. Other documentation may be required on a case-by-case basis

The I-829 Petition

When the I-526 petition is approved, the investor and their qualified family members that are included on the petition will receive a conditional green card. This conditional green card is valid for two years. It is important to note that 90 days before the conditional green card’s expiration, the investor and their attorney must file an I-829 petition in order to establish:

  • Evidence that the investor has in fact invested the required amount of money for their project
  • That the investment money was in fact invested into the project and was considered to be at risk at the time of the I-829 petition filing
  • That at least ten full time jobs were created as a direct result of the investors money that was put into the project

When the I-829 petition is approved by USCIS, investors and their family members will receive permanent U.S. green cards.