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EB-5 investors will become very familiar with many application forms and their requirements during the EB-5 process. The filing and processing of these forms are likely to become important landmarks of investors’ immigration journeys. The I-526 petition, usually filed by immigration attorneys on behalf of foreign investors, serves as a proof to USCIS that the applicant is in the process of investing or has completed the required investment. Together with the form, other supporting documents must also be submitted to prove the lawful sources of investment funds and the ability of the new commercial enterprise to create 10 full-time jobs. When an investor’s I-526 petition is approved and the priority date becomes current, the investor can proceed to file a form I-485 (if located in the U.S. under another legal status) or a DS-260 petition (if located outside the U.S.). Upon approval, the investor would enter the period of conditional permanent residency, during which the investment must remain “at risk” and 10 jobs must be created. Once the two-year conditional permanent residency is completed, a form I-829 can be filed to remove the condition of one’s green card.

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