How does the EB-5 visa process work?

To get an EB-5 visa, you need to invest in an approved US project, submit a petition for conditional residency, and later apply for a permanent Green Card. The process usually takes less than a year to secure a conditional Green Card, but the timeline can change.

What are the requirements for the EB-5 visa?

To apply for the EB-5 visa, you must invest in a project that creates or keeps 10 full-time jobs for US workers. You also have to show that your investment money comes from a legal source.

Is the EB-5 application process complicated?

The EB-5 application process can be complicated due to legal, financial, and regulatory requirements. It helps to work with an experienced adviser to make things easier and lower the chance of your application being denied.

How long does it take to get an EB-5 visa?

The EB-5 visa is one of the quickest ways to become a permanent resident in the United States. It usually takes less than a year to get a conditional Green Card, which lasts for two years. After that, you can apply to remove the conditions and become a permanent resident.

Does EB-5 offer premium processing?

The EB-5 program does not officially offer premium processing. However, you can ask the United States Citizenship and Immigration Services (USCIS) to speed up certain forms. Forms that may be expedited include I-924, I-526, and I-829. Keep in mind that USCIS decides expedited requests on a case-by-case basis, and approval is not guaranteed.

EB-5 Visa Process Explained: A Step-by-Step Guide

It's essential for investors to understand how the EB-5 visa process works.

The application process may seem straightforward, but it has several steps, and investors must meet strict legal and financial requirements.

This guide explains the EB-5 process step by step. You'll learn how it works, how long it takes, and what to expect at each stage.

Overview of the EB-5 process

To get an EB-5 visa, you need to invest in an approved project and submit the required government forms to receive a conditional Green Card. Afterwards, you can apply to remove the conditions and become a permanent US resident.

Step	Stage	Outcome
1	Choose investment	Select qualifying EB-5 project
2	Invest funds	Capital committed
3	File I-526/I-526E petition	Application submitted
4	Conditional Green Card	2-year residency granted
5	File I-829 petition	Apply for conditions to be removed
6	Permanent residency	Full Green Card obtained

The EB-5 is one of the five employment-based (EB) visas. To learn more about the other options, read our guide to US visa types.

The EB-5 visa requirements

Before you start your EB-5 application, make sure you meet the programme's requirements.

The main ones are:

Investment amount: Make a capital investment of at least $800,000 (or $1,050,000 outside a targeted employment area).
Job creation: Create or preserve at least 10 full-time jobs for US workers.
Source of funds: Prove that the investment funds are from a lawful source.

For more details, see our full guide to EB-5 visa requirements.

The EB-5 process: Step-by-step

The EB-5 visa has a multistep application process. Below is a general step-by-step overview of the EB-5 process.

Step 1: Choose an EB-5 investment project

The first step is to choose a qualifying EB-5 investment project. You can do this through a regional centre or by making a direct investment.

Regional centres are the most popular option for investors because they handle daily business management. They also offer more flexibility for job creation.

The key considerations are:

Project credibility and track record
Job creation potential
Risk level

Read our guide to learn more about EB-5 investment projects.

Step 2: Invest the required capital

Once you have selected a project, you must invest the required capital. Projects in a targeted employment area (TEA) require a 27% lower minimum investment than projects in non-TEA areas.

The minimum investment is:

$800,000 in a targeted employment area (TEA)
$1,050,000 in other areas

The investment must be 'at risk' to qualify. Read our article for a full breakdown of EB-5 visa costs.

Step 3: File Form I-526E/I-526

Next, file either Form I-526 for direct investments or Form I-526E for regional centre investments.

Form I-526/I-526E demonstrates:

Your eligibility for the EB-5 visa
That investment funds are from a lawful source
That the investment meets the programme requirements

An immigration attorney often handles filing these forms.

Step 4: Obtain a conditional Green Card

Once you have I-526 approval, you can apply for a conditional Green Card for yourself and your family. This includes your spouse and unmarried children under 21.

A conditional Green Card grants:

The right to live and work in the United States
A 2-year conditional residency period

At this point, if you live outside the US, you can apply for consular processing. If you are already in the US, you can apply for an adjustment of status by filing Form I-485.

Step 5: File Form I-829

You can file Form I-829 up to 90 days before your two-year Green Card expires to remove the conditions.

This step proves:

Your investment remained active
The required jobs were created/preserved

Step 6: Become a permanent resident

After Form I-829 is approved, you receive a full, unconditional Green Card. This allows you to:

Permanently live, work, and study in the US
Travel freely
Sponsor eligible family members

Step 7: Apply for US citizenship

After you have been a permanent resident for five years, you can apply for US citizenship. As an EB-5 Green Card holder, the United States must have been your primary country of residence during those five years.

How long does the EB-5 process take?

The whole EB-5 process can take several years. In some cases, you may get a two-year conditional residency in 4 to 9 months. After that, you can apply for permanent residency.

EB-5 visa processing times can change depending on:

Application volume
EB-5 project type
Country of origin

Navigate the EB-5 process with ease

The EB-5 process involves complex legal and financial steps. Professional guidance is essential to avoid costly mistakes and give your application the best chance of success.

At Holborn Pass, we specialise in US immigrant visas and offer expert advice and support throughout the application process.

Talk to one of our EB-5 specialists to learn about your options and take the next step with confidence.