Immigration Process

The EB-5 immigrant investment process consists of several steps. The first of these occur once the investor has identified an opportunity and executed all necessary investment documentation. At this point the investor, with assistance from their immigration counsel, will file Form I-526E with USCIS. This form is the investor’s initial visa application and request for approval to participate in the EB-5 program. Simultaneous to submittal of the I-526, the immigrant investor will execute the chosen project’s subscription agreement and deposit into the project account the full investment amount (US$800,000 or US$1,050,000) along with the project’s subscription and administration fees.

Upon USCIS review of the petition, one of two events will occur. In the event of denial, the investor may restart the process, appeal the denial, or pursue other routes to residency and citizenship. In the event of approval, an investor already residing in the United States will file Form I-485 in order to adjust their status to conditional permanent resident. (Under the 2022 Reform and Integrity Act, investors currently in the U.S. on a valid visa may be eligible for concurrent filing of their I-485. Please confer with your legal counsel to determine eligibility for this benefit.) Investors currently living abroad will file Form DS-230 requesting issuance of an EB-5 Visa at their local U.S. Consular Office to gain entry to the United States. At this time, the EB-5 investor is granted conditional permanent residence for a period of two (2) years. The conditional residency period will also apply to the investor’s qualifying family members.

Ninety (90) days before the two-year anniversary of granting the EB-5 investor’s conditional resident status (Green Card), USCIS requires the immigrant investor to file Form I-829 in order to remove conditions. If USCIS approves this petition, the conditions are removed from the applicant’s status and the EB-5 investor and qualifying family members will be allowed to permanently live and work in the United States.

For a thorough explanation of the process and required supporting documentation for each petition, please visit the USCIS website at USCIS EB-5 Immigrant Investor Process.

ARCFI will assist prospective immigrant investors with initiating the immigration application process. However, ARCFI does not process the applications internally, rather we work with a strong network of qualified attorneys and consultants in order to provide the most thorough and expeditious route to achieving permanent resident status. We strongly encourage prospective investors to engage professional legal services to navigate this process. If you have not secured the services of an immigration attorney, ARCFI will happily provide a referral from our network.