The EB-5 filing process involves multiple applications and steps that can be a complex and time-consuming process.
1. File I-526/I-526E: After selecting a qualifying investment, the investor must file an I-526 petition (standalone investment) or I-526E (regional center investment) with USCIS, which must include evidence of the investment, evidence of a lawful source and path of funds, the business plan, and the job-creation projections.
2. File I-485/DS-260 (consular processing): After I-526/I-526E approval, if the investor is in the U.S., they must file an I-485 to adjust their status to a permanent resident. If the investor is not within the U.S., they must file a Form DS-260 and go through consular processing. Approval of either step leads to a conditional permanent residency for two years.
3. File I-829: The investor must file an I-829 petition 90 days before the end of the two-year conditional residence period, to have the conditions removed and obtain unconditional permanent residence.