+1-800-997-1228
Questions & Answers

What forms need to be filed in the EB-5 application process?

I am confused about what the different forms are when I'm reading about EB-5. Can you tell me what the main forms are, in order, that need to be filed during the EB-5 application process? For example, what's the very first one that has to be submitted?

Answers

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Generally, filing the EB-5 application requires handling various forms and assorted information from various sources. Thus, it may be confusing. However, it is advisable that a potential applicant should consult an EB-5 immigration attorney who can help explain EB-5 procedures and the application process.

  • Avatar

    Jimena G Cabrera

    Immigration Attorney
    Answered on

    The first form is the I-526, Immigrant Petition for Alien Entrepreneur. Once it is approved, if you are in the United States in a valid status, you will need to file the following forms: I-485 (Application to Adjust Status), I-765 (Application for Employment Authorization), and the I-131 (Application for Travel Document). If you are overseas you will need to file the form DS-260 (Application for Immigrant Visa).

  • Avatar

    Robert Lee

    Immigration Attorney
    Answered on

    For the initial petition you will need these two forms: G-28 form - this notifies USCIS of the attorney you will be using; I-526 form - this is for your EB-5 petition.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The form I-526 petition is the only form for the first stage of the process (EB-5 classification). Everything else in the petition package is a supporting document, such as company organizational documents, proof of lawful source of funds, proof of investment (bank statements), comprehensive business plan, proof of significant business activity, etc.

  • Avatar

    Louis M Piscopo

    Immigration Attorney
    Answered on

    The EB-5 process is extremely complicated and what forms need to be filed depend on many factors. Additionally, approval is not merely based on filing the correct form.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The first form is the I-526 and the second form is the I-829 for removal of conditions.

  • Avatar

    John J Downey

    Immigration Attorney
    Answered on

    The USCIS form I-526 is three pages and fairly simple: what you need to send with it is a complete business plan and, depending on the investment, a subscription agreement, limited partnership agreement, operating agreement, all of your personal documentation, birth certificate, financial background, the sources of the funds you are seeking to use for investment, etc. Best bet is to employ EB-5 experienced counsel.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    The I-526 petition is filed first.

  • Avatar

    Abhinav Lohia

    Immigration Attorney
    Answered on

    If you are being represented by an attorney, a form G-28 needs to be filed for attorney authorization. To initiate the EB-5 process, an application for the conditional green card is filed which includes form I-526. After approval of your conditional green card, you will have to file for removal of conditions, i.e. form I-829 between 21 - 24 months from the date of approval.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    Simple answer is - as far as government (USCIS) forms are concerned for EB-5 processing, you must submit the I-526 petition (along with the requisite supporting documents), and then upon this being approved, you can file either the adjustment of status application (form I-485) or immigrant visa application abroad. Then you must file form I-829 (along with the requisite supporting documents) to remove the conditions of the permanent residence granted under the EB-5 (you can file this as early as 90 days prior to the two year anniversary of being approved for permanent residence).

  • Avatar

    Ian E Scott

    Immigration Attorney
    Answered on

    The first USCIS form is an I-526. The next form will depend on whether you are in the United States or not. If in the United States, then the I-485, and if not, you will do consular processing. Finally, two years later, you will file an I-829.

  • Avatar

    Olivia Orza

    Immigration Attorney
    Answered on

    The first form submitted by an investor is the I-526 application with the required documentary evidence.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.