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?
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.
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).
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.
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.
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.
The first form is the I-526 and the second form is the I-829 for removal of conditions.
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.
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.
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).
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.
The first form submitted by an investor is the I-526 application with the required documentary evidence.
