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Green Card: EB-5 - Frequently Asked Questions


How do I file the EB-5 Green Card petition?

To seek status as an immigrant investor, you must file Form I-526, Immigrant Petition by Alien Entrepreneur. The Form I-526 must be filed with supporting documentation which clearly demonstrates that your investments meet all the requirements, such as:

  • Establishing a new commercial enterprise
  • Investing the requisite capital amount
  • Proving the investment comes from a lawful source of funds
  • Creating the requisite number of jobs
  • Demonstrating that the investor is actively participating in the business; and, where applicable
  • Creating employment within a targeted employment area

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How do I obtain Conditional Resident status after filing the EB-5 Green Card petition?

Once Form I-526 is approved, you may obtain status as a conditional resident by:

  • Filing Form I-485, Application to Register Permanent Residence or Adjust Status, if residing within the U.S. or;
  • Applying for an immigrant visa at a U.S. Consulate abroad, if residing outside the U.S.

How do I obtain Permanent Resident status after filing an EB-5 Green Card petition?

To become a lawful permanent resident based on the immigrant investor visa EB-5 category, eligible investors must file Form I-829, Petition by Entrepreneur to Remove Conditions. Form I-829 must be filed within 90 days before the second anniversary of your admission to the U.S. as a conditional resident.

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