Want a US green card through investment? Here are the EB-5 forms foreigners must file
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The United States government has outlined the official forms foreign nationals must complete to obtain permanent residency through its EB-5 immigrant investor programme.
The US Citizenship and Immigration Services (USCIS) has published a step-by-step guide explaining how eligible investors can move from submitting an initial investment petition to receiving a Green Card and eventually removing the conditions attached to their permanent residence.
The EB-5 programme provides a pathway to US permanent residency for foreign nationals who make qualifying investments in the American economy. Eligible investors can also include qualifying family members in their applications.
According to the published guidance, applicants must begin by submitting either Form I-526 or Form I-526E, depending on whether they are investing independently or through a designated regional centre.
US Lists Forms Required for EB-5 Green Card Applications
The EB-5 immigration process involves four major forms that applicants may need to complete at different stages.
They include:
1. Form I-526 – Immigrant Petition by Standalone Investor
Foreign nationals investing independently must submit Form I-526 as the first step in their EB-5 application.
The form is used by standalone investors to petition for classification under the immigrant investor programme.
2. Form I-526E – Immigrant Petition by Regional Center Investor
Applicants investing through a USCIS-designated regional centre must file Form I-526E instead.
The choice between Form I-526 and Form I-526E depends on the investment structure selected by the foreign national.
3. Form I-485 – Application to Register Permanent Residence or Adjust Status
Once an immigrant visa becomes immediately available, eligible applicants already in the United States may submit Form I-485 to apply for adjustment of status.
Depending on their circumstances, applicants may file it alongside their I-526 or I-526E petition, while that petition is pending, or after approval.
4. Form I-829 – Petition by Investor to Remove Conditions on Permanent Resident Status
This form is required at the final stage of the process to remove the conditions attached to an investor’s two-year conditional Green Card.
Investors must submit it within the specified filing window before the second anniversary of becoming conditional permanent residents.
How Foreigners Outside the US Can Apply Through the EB-5 Programme
Foreign investors living outside the United States follow a different route when their initial investment petition has been approved.
Instead of submitting Form I-485 from within the country, they can file Form DS-260 with the US Department of State to obtain an EB-5 immigrant visa.
After the visa is approved, they can seek admission into the United States as immigrant investors.
This route is available to applicants whose Form I-526 or Form I-526E petition has been approved and whose immigrant visa is available.
The distinction is important because applicants inside and outside the United States do not necessarily use the same form to complete the permanent residence application stage.
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Successful EB-5 Applicants Receive Two-Year Conditional Green Cards
Once USCIS approves an applicant’s Form I-485 or the individual is admitted into the United States using an EB-5 immigrant visa, the investor receives conditional permanent resident status.
This status is initially granted for two years.
Qualifying derivative family members included in the application also receive conditional permanent residence.
However, the initial approval does not immediately provide an unconditional Green Card. Investors must complete another stage to remove the conditions attached to their residency.
How to Remove Conditions From an EB-5 Green Card
The final stage involves submitting Form I-829, the Petition by Investor to Remove Conditions on Permanent Resident Status.
According to USCIS guidance, the petition must be filed during the 90-day period immediately before the second anniversary of the investor becoming a conditional permanent resident.
This anniversary is calculated from the date the applicant adjusted status or was admitted into the United States as a conditional permanent resident.
If USCIS approves the petition, the conditions are removed from the investor’s permanent resident status and that of qualifying dependants included in the application.
The investor and eligible family members can then hold unconditional lawful permanent resident status.
What Foreign Investors Should Know Before Applying
Foreign nationals considering the EB-5 programme should understand that the process involves more than submitting an investment petition.
They must determine whether they qualify as standalone investors or regional centre investors, establish which application route applies to their circumstances and follow the required filing stages.
Applicants living outside the United States should also understand the role of Form DS-260, while those already in the country may qualify to use Form I-485 when an immigrant visa is immediately available.
For Nigerians interested in obtaining US permanent residency through investment, the programme offers a route worth examining. However, prospective applicants should review the official USCIS requirements carefully and seek qualified immigration advice before committing funds.
Frequently Asked Questions About the US EB-5 Green Card Programme
1. What is the US EB-5 visa programme?
The EB-5 Immigrant Investor Programme allows eligible foreign nationals to seek US permanent residency through qualifying investments in the American economy.
2. Which forms are required for an EB-5 Green Card application?
The main forms outlined in the USCIS process include Form I-526, Form I-526E, Form I-485 and Form I-829. Applicants outside the United States may also need Form DS-260.
3. What is the difference between Form I-526 and Form I-526E?
Form I-526 is for foreign nationals investing independently, while Form I-526E is for investors participating through a USCIS-designated regional centre.
4. Can Nigerians apply for a US Green Card through the EB-5 programme?
The programme is designed for eligible foreign investors. Nigerians considering the route must satisfy the applicable EB-5 investment and immigration requirements.
5. Can EB-5 investors bring their families to the United States?
Yes. Qualifying derivative family members can receive conditional permanent residence alongside the principal investor.
6. How long does an EB-5 conditional Green Card last?
The initial conditional permanent residence status lasts for two years. Investors must subsequently file Form I-829 to seek removal of the conditions.
7. When should an EB-5 investor submit Form I-829?
The petition must be submitted within the 90-day period immediately before the second anniversary of the investor becoming a conditional permanent resident.
8. Can someone apply for an EB-5 Green Card while living outside the United States?
Yes. After approval of the initial I-526 or I-526E petition, an applicant outside the country can use Form DS-260 through the US Department of State to pursue an EB-5 immigrant visa.