USCIS will review the investor's documentation to ensure they have met the program's investment and job creation requirements, as well as verifying the lawful source of funds. USCIS prioritizes the processing of petitions for investors for whom a visa is either available or will soon be available, based on the Visa Bulletin.
A USCIS adjudicator has three options when adjudicating a petition; to approve it, deny it, or issue a request for evidence (RFE). If USCIS approves the I-526 petition, the investor can apply for conditional permanent residency by submitting Form I-485. Once the investor's I-485 application is approved, the petitioner will be granted conditional permanent residency for a two-year period.
The investor will apply for removal of their conditional status by submitting Form I-829. If this is approved, the investor will be granted permanent residency status (issued a Green Card).
The entire EB-5 adjudication process can take several years and requires extensive documentation and due diligence to ensure a successful application.
