Who this is for
- Foreign nationals who invest the required amount of capital in a new commercial enterprise in the U.S.
- Investors whose investment will create (or, in some regional center cases, indirectly create) at least 10 full-time U.S. jobs
- Investors who can document the lawful source and path of their investment funds
- The investor's spouse and unmarried children under 21, who can be included as dependents
- Investors inside or outside the U.S.
Forms involved
| Form | Official name | What it does |
|---|---|---|
| I-526E | Immigrant Petition by Regional Center Investor | Filed by investors who invest through a USCIS-designated regional center project. |
| I-526 | Immigrant Petition by Standalone Investor | Filed by investors who invest directly in a business without a regional center. |
| I-485 | Application to Register Permanent Residence or Adjust Status | Used by investors in the U.S. to apply for conditional residence when a visa is available; in some cases it can be filed with the I-526 or I-526E. |
| DS-260 | Immigrant Visa Electronic Application | Used by investors abroad to apply for an immigrant visa. |
| I-829 | Petition by Investor to Remove Conditions on Permanent Resident Status | Filed near the end of the two-year conditional period to show the investment was sustained and the jobs were created. |
Step by step
- Choose direct or regional center investmentDecide whether to invest in your own business or in a regional center project, and whether the project is in a targeted employment area or another reserved category.
- Make the investmentInvest the required capital, placing it at risk in the new commercial enterprise, and keep detailed records of where the money came from and how it moved.
- File Form I-526 or I-526ESubmit the petition with evidence of the investment, lawful source of funds and the job-creation plan.
- Apply for conditional residenceWhen a visa is available, file Form I-485 in the U.S. or go through consular processing abroad to receive a two-year conditional green card.
- Sustain the investment and create jobsThe investment must stay at risk and the required jobs must be created or expected to be created within the required time.
- File Form I-829File in the window before the conditional green card expires to request permanent (10-year) residence.
Documents usually requested
- Passport, birth certificate and immigration history
- Proof of investment, such as wire transfers and subscription agreements
- Source-of-funds evidence: tax returns, pay records, sale documents, gift or loan records
- Path-of-funds records tracing the money to the U.S. enterprise
- Business plan and job-creation analysis or economic report
- Business formation documents for the new commercial enterprise
- Evidence of targeted employment area designation, if relevant
- Regional center project documents (for I-526E cases)
- For I-829: payroll records, tax filings and proof the investment was sustained
How long it takes
Timing depends on USCIS processing of the I-526 or I-526E and the I-829, visa availability in the Visa Bulletin for the investor's country and set-aside category, and how the project or business performs. See USCIS processing times.
Government filing fees
Forms I-526, I-526E and I-829 carry USCIS filing fees, regional centers pay separate integrity fund fees, and I-485 and consular processing have their own costs. Fees are set by USCIS and change; check the fee schedule (G-1055).
Working and traveling while you wait
Investors who file an I-485 can usually apply for a work permit and advance parole while it is pending. After becoming conditional residents, they can work and travel like other green card holders.
Common mistakes to avoid
- Not being able to trace the lawful source and path of every dollar invested
- Treating the investment as guaranteed — EB-5 capital must be at risk
- Picking a project without checking its regional center status and job-creation plan
- Assuming a location qualifies for the reduced investment level without proper designation
- Missing the I-829 filing window before the conditional green card expires
How MyUSVisa helps
- Answer a guided questionnaire in your language and upload your documents once — we read, sort and assemble them into a clear case file and timeline.
- Your organized case is offered to licensed U.S. immigration attorneys who handle this type of case. Interested attorneys send you offers, and you compare and choose — or don't.
- Once you choose, you and your attorney work in one place: messages, documents, deadlines and automatic USCIS status updates, on the web and in the mobile app.
Frequently asked questions
How much do I need to invest for EB-5?
The law sets two investment levels: a standard amount and a lower amount for targeted employment areas (rural or high-unemployment areas) and certain infrastructure projects. The amounts are set by statute and can be adjusted, so check the USCIS EB-5 page for the current figures.
What is the difference between a regional center and direct EB-5 investment?
In a direct investment, the investor puts money into their own business and must show 10 direct full-time jobs for U.S. workers. A regional center pools investor money into approved projects and may count indirect jobs, and the investor files Form I-526E instead of I-526.
Do I have to manage the business?
Not necessarily. The investor must be involved in the business, such as through policy decisions or being a limited partner, but regional center investors usually don't manage day-to-day operations.
Is the EB-5 green card permanent?
Not at first. EB-5 gives a two-year conditional green card, and the investor must file Form I-829 to show the investment was sustained and jobs were created before receiving permanent residence.
Can I file my green card application at the same time as the I-526E?
In many cases, yes, if the investor is in the U.S. and a visa is available for their category. Concurrent filing can allow the investor to apply for a work permit and travel document while waiting.
Official sources
Last reviewed: October 2026
This guide is general information, not legal advice, and reading it does not create an attorney–client relationship. Immigration rules, forms and fees change often — always check the official sources above. MyUSVisa is not a law firm and is not affiliated with USCIS or any government agency; legal advice comes only from the licensed attorney you choose.