EB-5 Visa Program Guide: Key Steps Every Applicant Should Understand

Approval of an EB-5 petition is an important milestone, but it is not necessarily the end of the immigration process.

Depending on the applicant's circumstances and visa availability, the next stage can involve applying for adjustment of status in the United States or completing immigrant visa processing through a U.S. embassy or consulate.

For eligible applicants in the United States, the EB-5 Reform and Integrity Act of 2022 also changed certain filing procedures, including circumstances in which an applicant may file Form I-485 concurrently with or after the EB-5 petition when a visa is available. USCIS

Because visa availability can vary by country of chargeability and preference-category conditions, applicants should check the applicable Visa Bulletin and current USCIS guidance rather than relying on a general timeline.

Step 7: Maintain the Investment and Meet the Job-Creation Requirement

Getting an EB-5 petition approved does not mean that the investment requirements can immediately be ignored.

The investment must continue to satisfy applicable EB-5 requirements, and the job-creation requirement remains central to the program.

Generally, the investment must result in at least 10 qualifying full-time jobs. USCIS explains that qualifying employment generally means full-time employment and that the investor's own employment, as well as employment of certain immediate family members, does not count toward the required jobs. USCIS+1

This is why investors should retain relevant business, payroll, tax, and other records throughout the process.

Step 8: Apply to Remove the Conditions on Permanent Residence

EB-5 investors initially receive conditional permanent resident status when the applicable requirements are met.

The next major milestone is removing those conditions. USCIS uses Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, for this stage.