EB-5 Visa Process & Timeline 2026: Step-by-Step Guide

The EB-5 Visa journey involves multiple stages, and the filing procedure varies as it depends on whether you reside within the U.S. or overseas. The 6 stages are the same overall, except for minor differences in Stage 4, which is why we’ve divided this blog into 2 parts.

This will make it easy for both types of EB-5 Investors to understand the EB-5 Process and associated Timelines from their specific point of view.

Regional Center EB-5 Visa Process & Timelines for applicants residing outside the U.S.:

1. Take time to do your Research
2. Begin your EB-5 Process in the first 1 to 3 months
3. Wait for I-526E Approval (EB5 United’s Rural EB-5 Projects have been getting Approvals within an average of ~9.5 months)
4. Consular Processing & Conditional Green Card takes about 6-12 months
5. Start 2-year Conditional Residency
6. Apply for Permanent Residency 3 months before expiration of Conditional Green Card

Regional Center EB-5 Visa Process for U.S.-based applicants:

1. Take time to do your Research
2. Begin your EB-5 Process in the first 1 to 3 months
3. Concurrently File your I-526E and I-485 Change of Status
4. Obtain Employment Authorization Document (EAD Work Permit) and Advanced Parole (AP Travel Permit) so you can work freely in the U.S. and travel in and out of the U.S. while you await your Green Card, most investors have these documents in hand within 3-9 months after filing
5. Wait for I-526E Approval (EB5 United’s Rural EB-5 Projects have been getting Approvals within an average of ~9.6 months)
6. Adjustment of Status & Conditional Green Card approval typically comes a few months after I-526E Approval, but this also depends on whether you Concurrently Filed this petition with the I-526E Petition or not
7. Start 2-year Conditional Residency
8. Apply for Permanent Residency 3 months before expiration of Conditional Green Card

Stage 1: Research | Take your time

Step 1: Understand the EB-5 Program and its Timeline

As you begin your research about the EB-5 Process, here are some things to keep in mind:

• It’s not the same as the ‘golden visa’ programs offered by other countries
• It requires a strict initial Source of Funds review and eventually proof of job creation
• The investment process takes approximately 3-6 years
• Each EB-5 Project has a separate loan term and payback structure

Step 2: Understand Source of Funds

EB-5 requires you to make a minimum investment of $800,000. One of the most important aspects of the EB-5 Program is to demonstrate where the money you’re investing is coming from, also known as the Source of Funds (SoF).

The entire investment amount and all fees must be accounted for in the SoF and wired into the Project before your immigration petition is filed. Whether it’s your earnings, assets, or even gifts/loans from friends and family, you will need to prove and show documentation for all sources of money in the investment and fees.

How EB5 United Guarantees Peace of Mind for our Investors at this Stage:

We understand that the EB-5 investment is a long-term life decision for individuals and families. So, even if you don’t have all the funds required to invest today, we still encourage you to conduct your research and arrange a consultation with our Experts at EB5 United. We’ll be happy to answer any questions as you plan for your and your family’s future.

Step 3: Make your Decision

After taking all facts into consideration, base your decision on whether or not the EB-5 Program is right for you. Once you’ve made your decision, EB5 United will be happy to help you with the next step of the EB-5 Process and refer you to an experienced Immigration Attorney best suited to handle your Petition.

Stage 2: Begin your EB-5 Process | First 1 to 3 months

Step 4: Engage an Immigration Attorney and start your Source of Funds Process

The first step in your EB-5 Process will to be to have Immigration Attorney assess your Source of Funds (SOF). Here are the ways in which your Immigration Attorney will help with your EB-5 Process:

• They’ll begin by obtaining your basic info, travel history, and the required documentation for your SOF
• If your funds are not all liquid your Immigration Attorney will guide you in mobilizing your funds
• They’ll outline all the documentation you will need to provide for each source, which can include a gift, loan against property, sale of assets, income, and more

In terms of the Timeline, the entire process can take anywhere between a few weeks to a few months depending on how quickly you can provide the required documentation.

Step 5: Identify a Project that Meets your Immigration Goals

Once you’ve prepared the documentation for your capital investment, the next step in your EB-5 Process is to select an EB-5 Project which best meets your Immigration and Investment Goals.

It’s important to note that your Immigration Attorney cannot recommend Projects to you, but you can ask them to do their due diligence on the immigration aspect of the Project of your choice.

How EB5 United Guarantees Peace of Mind for our Investors at this Stage:

To help you make an informed decision when it comes to selecting the right EB-5 Project, we recommend setting up a Zoom call with EB5 United’s Experts to review the Project options we have available. Our Experts have experience in the EB-5 Landscape and are known for their foresight in helping foreign Investors choose the Project that suits their Immigration Goals.

Step 6: Sign Documents and Send Funds to Escrow

Your Investment Capital will be sent to the Project Escrow Account when you’ve:

• Provided all the required documentation
• Completed your Source of Funds
• Selected an EB-5 Project which suits your Immigration Goals

Once you sign the signature packet and wire the funds, then:

• EB5 United will countersign the documents
• Issue a wire transfer receipt (reflecting that full amount and admin fees were wired to us)

This is the final documentation your Immigration Attorney needs to file your I-526E Petition to the USCIS.

Step 7: Submit your I-526E Petition

The I-526E Immigrant Petition by Immigrant Investor details:

• Proof of how the investor earned all the funds utilized in their EB-5 Iinvestment
• How the funds will be spent to create the 10 jobs required to give immigration benefits to the investor and their family members

Approximately 10-days (timeline can vary) after submitting the Petition, you will receive an I-797C receipt notice from the USCIS, stating they’ve received your Petition. It will include the date they received your petition and that will be your official “Priority Date”.

Stage 3: I-526E Approval | 2-12 Months Approvals (Averaging ~5 months for Rural TEA Projects)

Step 8: Wait for USCIS to Approve your I-526E Petition

There are two types of I-526E Processing whose timelines depend on the type of EB-5 Project you’ve chosen for investment:

• Rural Priority I-526E Processing: Projects with Rural TEA designation receive Priority I-526E processing, averaging ~5 months
• Non-Rural I-526E Processing: Processing times for I-526E Approvals in Non-Rural Projects post-RIA is 24-36 months

It’s important to note that the order of I-526E Approval is not always completed in the exact order of when each person filed their I-526E Petition. If you are outside the U.S. at the time of filing your I-526E Petition, you’ll will not be given a legal immigration status during this time.

How EB5 United guarantees peace of mind for our investors at this stage:

During this time, Experts at EB5 United will send you access to your respective Project portal where you will be able to:

• Monitor progress of your investment
• Receive important tax documents
• Enter the bank information for receiving your interest payments

Stage 4: Consular Processing & Conditional Green Card | 6-12 months

Step 9: Consular Processing

If you are outside the U.S. you will go through a visa interview Process with the Visa Consular.

Key features:

• The Process includes document review, medical examination, and a personal interview
• The interview will take approximately 6 months to set up (depending on your local consulate)
• After the interview you will receive an immigrant visa that will be stamped into your passport, after which you’ll be able to move to the United States
• Your Conditional Green Card will be issued to you after you arrive in the U.S.

Stage 5: Start Conditional Residency | 2 years

Step 10: Begin 2-year Conditional Residency

Although the Conditional Green Card is the same as a normal Permanent Resident Card, the investor is required to meet the following conditions at the end of 2 years to make their Green Card permanent:

• Investment should have created 10 full-time jobs
• Investor’s money must be “at-risk” for 2* years

*On October 11th, 2023, the USCIS redefined this 2-year at-risk condition to be 2 years from the date an investor has fully funded the NCE and filed their petition.

How EB5 United guarantees peace of mind for our investors at this stage:

At EB5 United we always structure our investments with a large job creation buffer so more than enough jobs are created for our investors. It’s important to note that, receiving the return of your investment depends on the Project you have selected and its repayment terms. To know more about it, please read our EB-5 Visa Cost Guide.

Stage 6: Apply for Permanent Residency | 3 months before expiration of Conditional Green Card

Step 11: File I-829 for removal of your conditions (last 90 days of your Conditional Residency)

• During the last 90 days of your 2-year Conditional Residency your Immigration Attorney will file your I-829 Petition
• You will remain in the U.S. as a Green Card holder while your I-829 is being processed

Step 12: Receive Unconditional Green Card once the I-829 is approved

The Approval of your I-829 Petition marks the completion of your EB-Process and your immigration journey.

Once you have resided permanently in the U.S. for 4 years 9 months (starting from the time you obtained your Conditional Residence Status), you’ll be eligible to file for U.S. Citizenship. Speak with your Immigration Counsel on the next steps if you so desire.

Stage 1: Research | Take your time

Step 1: Understand the EB-5 Program and its Timeline

As you begin your research about the EB-5 Process, here are some things to keep in mind:

• EB-5 requires a strict initial source of funds review and eventually proof of job creation
• The Investment Process typically takes about 3 – 6 years
• Each EB-5 Project has a separate loan term and payback structure

Step 2: Know if the EB-5 Program Suits your Immigration Goals

Foreign nationals who have an existing Non-immigrant Visa like F-1, H-1B or L1A are entitled to Concurrent Filing for I-485 Adjustment of Status and will receive an EAD Work Authorization and Advanced Parole Travel Permit, usually within about 3-9 months of Concurrently Filing the I-526E and I-485 Petitions.

Step 3: Understand Source of Funds

EB-5 requires you to make a minimum investment of $800,000. One of the most important aspects of the EB-5 Program is to demonstrate where the money you’re investing is coming from, also known as the Source of Funds.

The entire investment amount and all fees must be accounted for and wired into the Project before your immigration petition is filed. Whether it’s your earnings, assets, or even gifts/loans from friends and family, you will need to provide documentation for all sources of money in the $800,000 Investment and Administrative Fees.

How EB5 United guarantees peace of mind for our investors at this stage:

We understand that the EB-5 investment is a long-term life decision for individuals and families. So, even if you don’t have all the funds required to invest today, we still encourage you to conduct your research and arrange a consultation with our Experts at EB5 United. We’ll be happy to answer any questions as you plan for you and your family’s future.

Step 4: Make your Decision

After taking all facts into consideration, base your decision on whether or not the EB-5 Program is right for you. Once you’ve made your decision, EB5 United will be happy to help you with the next step of the EB-5 Process and refer you to an experienced Immigration Attorney best suited to handle your Petition.

Stage 2: Begin your EB-5 Process | First 1 to 3 months

Step 5: Engage an Immigration Attorney and start your Source of Funds Process

The first step in your EB-5 Process will to be to have an Immigration Attorney assess your Source of Funds. Here are the ways in which your Immigration Attorney will help with your EB-5 Process:

• The Immigration Attorney will begin by obtaining your basic info, travel history, and the required documentation for your source of funds
• If your funds are not all liquid your Immigration Attorney will guide you in mobilizing your funds
• Your Immigration Attorney will outline all the documentation you will need to provide for each source, which can include a gift, loan against property, sale of assets, income, and more

In terms of the timeline, the entire process can take anywhere between a few weeks to a few months depending on how quickly you can provide the required documentation.

Step 6: Identify a Project that meets your Immigration Goals

Once you’ve prepared the documentation for your capital investment, the next step in your EB-5 Process is to select an EB-5 Project which best meets your Immigration and Investment Goals.

It’s important to note that your Immigration Attorney cannot recommend Projects to you, but you can ask them to do their due diligence on the immigration aspect of the Project of your choice.

How EB5 United Guarantees Peace of Mind for our Investors at this Stage:

To help you make an informed decision when it comes to selecting the right EB-5 Project, we recommend setting up a Zoom call with EB5 United’s Experts to review the Project options we have available. Our Experts have decades of experience in the EB-5 Landscape and are known for their foresight in helping foreign Investors understand Project details so that they can make informed decisions when selecting a Project.

Step 7: Sign Documents and send Funds to Escrow

Your Investment Capital will be sent to the Project Escrow Account when you’ve:

• Received the go ahead from your Immigration Attorney after providing Source of Funds documentation
• Selected an EB-5 Project which suits your Immigration Goals

Once you sign the signature packet and wire the funds, then:

• EB5 United will countersign the documents
• Issue a wire transfer receipt (reflecting that full $800,000 and Administrative Fees have been wired to EB-5 Fund account)
• This is the final documentation your Immigration Attorney needs to file before your I-526E Petition to the USCIS.

Step 8: Submit your I-526E Petition

The I-526E Immigrant Petition by Alien Entrepreneur details:

• Proof of how the investor earned all the funds utilized in their EB-5 investment
• How the funds will be spent in a qualified project to create the 10 jobs required to give immigration benefits to the investor and their family members

Approximately 10-days (timeline can vary) after submitting the Petition, you will receive an I-797C receipt notice from the USCIS, stating they’ve received your Petition. It will include the date they received your petition and that will be your official “Priority Date”.

FOR U.S.-BASED INVESTORS CONCURRENTLY FILING I-526E & I-485 PETITIONS

After concurrent Filing from within the U.S. on a valid non-immigrant visa, you will receive an Employment Authorization Document (EAD) & Advanced Parole (AP) Travel Permit within approximately 2-6 months. This allows you to live and work freely in the U.S., as well as travel outside the U.S. without issue upon re-entry.

Step 9: Wait for USCIS to approve your I-526E petition

There are two types of I-526E Processing whose timelines depending on the type of EB-5 Project you’ve chosen for investment:

• Rural TEA Priority I-526E Processing: Projects with Rural TEA designation receive Priority I-526E Processing, averaging ~5 months
• Urban High Unemployment TEA, infrastructure, or Non-TEA I-526E Processing: Processing times for I-526E Approvals in Non-Rural Projects post-RIA is  24-36 months

How EB5 United guarantees peace of mind for our investors at this stage:
During this time, Experts at EB5 United will send you access to your respective Project portal where you will be able to:

• Monitor progress of your investment
• Receive important tax documents
• Enter the bank information for receiving your interest payments

Step 10: Inside the U.S. – Adjustment of Status (1-7 Months)

If you filed for I-485 Adjustment of Status along with your I-526E petition or prior to I-526E Approval, you will receive your
I-485 Approval in the months following I-526E Approval. This I-485 approval date is the start of your 2-year Conditional Residency Period. You will then receive your Conditional Green Card in the mail in the weeks following this approval.

Step 11: Begin 2-year Conditional Residency

Although the Conditional Green Card provides the same benefits as a normal permanent resident card, the “condition” is that investor is required to meet the following conditions at the end of 2 years to make their Green Card permanent:

• Investment should have created 10 U.S. jobs through the Project
• Investor’s money must be “at-risk” for 2* years

*On October 11th, 2023, the USCIS redefined this 2-year at-risk condition to be 2 years from the date an investor has fully funded and filed their petition. It is unclear if this means that the funds have reached the NCE or the JCE, the industry is awaiting guidance from USCIS.

How EB5 United guarantees peace of mind for our investors at this stage:

At EB5 United we always structure our investments to lower the investment risk as much as possible, as well as fund projects with a large job creation buffer so more than enough jobs are created for our investors. It’s important to note that, receiving the return of your investment depends on the project you have selected and its repayment terms. To know more about it, please read our EB-5 Visa Cost Guide.

Step 12: File I-829 for Removal of Conditions (last 90 days of your Conditional Residency)

• During the last 90 days of your 2-year Conditional Residency your Immigration Attorney will file your I-829 Petition showing your 10 jobs were created and that you met the “at-risk” requirement
• You will remain in the U.S. as a Green Card holder while your I-829 is being processed

Step 13: I-829 Approval – Receive Unconditional Green Card

The Approval of your I-829 Petition marks the completion of your EB-5 Process and your immigration journey.

Once you have consecutively resided 183 days per year in the U.S. for 4 years 9 months (starting from the time you obtained your Conditional Residence Status), you’ll be eligible to file for U.S. Citizenship if you choose to do so. Please speak with your Immigration Counsel on the next steps if you so desire.