From first questions to
conditional residence.
Due diligence and advisers
Choose independent immigration counsel, review project documents, and confirm the pathway fits your circumstances.
Invest and document funds
Deploy capital into the qualifying enterprise and complete the lawful source-of-funds record.
File the petition
Immigration counsel files Form I-526E (regional center) or I-526 (standalone) with supporting evidence.
Maintain your status
A pending EB-5 petition does not itself grant status — keep your H-1B or L-1 valid and in compliance.
Adjustment of status while the petition is pending
If you are in the U.S. in a valid status and an immigrant visa is immediately available under the Visa Bulletin , USCIS allows the adjustment application (Form I-485) to be filed concurrently with the EB-5 petition — or afterward, while the petition is still pending (USCIS concurrent filing , EB-5 process ). Your spouse and eligible children can generally be included in the same adjustment.
Applicants who adjust can generally also apply for employment authorization and a travel document while their case is pending. For many H-1B and L-1 families, that independence from a single employer is one of the practical attractions of this stage — but availability depends on visa numbers, and your attorney must confirm eligibility before anything is filed.
Conditional residence and removing conditions
When the green card is granted, it is initially conditional for about two years. Within the applicable window, the investor files Form I-829 to remove conditions, showing that the investment was sustained and the required jobs were created or will soon be. Derivative family members are covered through the same process. USCIS describes the sequence on its EB-5 process page .
What actually moves the timeline
- Petition processing. Adjudication volumes, requests for evidence, and fee or form changes all affect waits; current figures are published on USCIS's processing-times page .
- Visa availability. Annual limits, per-country caps, and your country of chargeability determine when you can adjust or consular process — check the monthly Visa Bulletin .
- Project progress. Job creation must ultimately be verified; construction and hiring milestones matter, especially at the I-829 stage.
No promised dates. No set-aside category, project, or adviser can guarantee an approval date, a visa, or a financial outcome. Published estimates change; treat any promised timeline with caution.
For more on timing factors, see our processing times guide, or generate a case-specific question list with the AI question builder.
A clearer path starts with a conversation.
Tell us what you're exploring. We'll help you understand the questions worth asking.