Steps to Take After Your EB-5 Visa Approval

Congratulations on reaching a major milestone in your immigration journey! The EB-5 Immigrant Investor Program is a popular pathway for foreign investors to obtain permanent residency in the United States. After your EB-5 visa is approved, there are important steps to follow to ensure your transition to a U.S. green card holder is smooth and successful. This guide will walk you through the process, requirements, and considerations you need to keep in mind post-approval.

What Is the EB-5 Visa Program?

The EB-5 Visa Program, officially known as the Immigrant Investor Program, was established by the Immigration Act of 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. Under the EB-5 program, eligible investors can apply for a green card if they make a qualifying investment in a new commercial enterprise that creates or preserves a specified number of jobs.

Eligibility Criteria for the EB-5 Visa

To qualify for the EB-5 visa, you must meet the following requirements:

Investment Amount: Invest $1.8 million in a new commercial enterprise, or $900,000 if the investment is in a Targeted Employment Area (TEA), which is a rural area or an area with high unemployment.
Job Creation: The investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the investor's admission to the United States.
Source of Funds: The investor must prove that the investment capital is lawfully obtained.
Engagement in the Business: The investor must be involved in the day-to-day management or policy formation of the business.

Immediate Steps After EB-5 Visa Approval

1. Consular Processing or Adjustment of Status

After receiving I-526 petition approval, the next step depends on your current location:

If You Are Outside the U.S.: You will proceed with consular processing. This involves attending an interview at a U.S. consulate or embassy in your home country. The Department of State (DOS) handles this process, and you will need to complete Form DS-260, Immigrant Visa and Alien Registration Application.
If You Are Inside the U.S.: You may be eligible to adjust your status to that of a lawful permanent resident (green card holder) by filing Form I-485, Application to Register Permanent Residence or Adjust Status, with the United States Citizenship and Immigration Services (USCIS).

2. Prepare for Your Interview

Whether adjusting status or undergoing consular processing, you will be scheduled for an interview. Prepare for this by gathering all necessary documentation, including:

Proof of Investment: Documentation showing your investment meets the EB-5 requirements.
Job Creation Evidence: Business plans or documentation that outlines job creation.
Source of Funds: Financial records proving the legal source of your investment capital.

3. Conditional Green Card Issuance

Upon successful completion of the interview, you will receive a conditional green card valid for two years. This allows you to live and work in the United States as a conditional permanent resident.

Legal Background and Relevant Laws

The EB-5 program is governed by several key pieces of legislation and regulations:

Immigration and Nationality Act (INA) Section 203(b)(5): Establishes the employment-based fifth preference (EB-5) category.
8 CFR § 204.6: Details the requirements for the immigrant investor classification, including investment and job creation criteria.
USCIS Policy Manual, Volume 6, Part G: Provides comprehensive guidance on the EB-5 Immigrant Investor Program.

Recent updates, as of 2025, have maintained the investment thresholds and detailed the procedure for conditional residence removal.

How to Remove Conditions on Your Green Card

1. File Form I-829

To remove conditions on your green card and become a permanent resident, you must file Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, within the 90-day period immediately preceding the second anniversary of your conditional residency.

2. Submit Evidence

Include evidence of the following with your I-829 petition:

Sustained Investment: Proof that your investment has been sustained throughout the two-year conditional period.
Job Creation: Evidence that the requisite jobs have been created or will be created within a reasonable time.

3. Attend Biometrics and Interview

You may be required to attend a biometrics appointment and an interview. Prepare to discuss your investment and the outcomes it has achieved.

Common Challenges and Considerations

What If My Investment Hasn't Created 10 Jobs?

If your investment has not created the required jobs, consult with an immigration attorney. There may be ways to demonstrate that the jobs will be created within a reasonable time, thereby satisfying the requirement.

What Happens If I Miss the I-829 Filing Window?

Failing to file the I-829 petition within the designated 90-day window can jeopardize your residency status. It's crucial to track dates carefully and seek legal advice if extraordinary circumstances have prevented timely filing.

How Can I Prove the Lawful Source of Funds?

The source of funds is a critical component of your application. Maintain detailed records, such as tax returns, bank statements, and sale deeds, to substantiate the legality of your funds.

Practical Tips and Recommendations

Keep Detailed Records: Maintain comprehensive records of your investment and business activities to streamline the petitioning process.
Monitor Deadlines: Be vigilant about filing deadlines, particularly for Form I-829, to prevent complications in maintaining residency status.
Consult with Professionals: Consider hiring a financial advisor or an immigration attorney to ensure compliance with EB-5 program requirements and to address any issues that arise.
Stay Informed on Policy Changes: Regularly check the USCIS website for updates on the EB-5 program to ensure you're aware of any changes that may affect your status or obligations.

Next Steps

The path to permanent residency through the EB-5 program is complex and requires careful planning and execution. As you transition from conditional to permanent resident status, consider the following steps:

File Form I-829 on Time: Ensure timely submission of your petition to remove conditions.
Seek Expert Guidance: Consult with immigration professionals to navigate the intricacies of the program and address any challenges.
Stay Engaged with Your Investment: Actively participate in the management of your investment to fulfill the program's requirements.

Obtaining an EB-5 visa is a significant achievement, opening doors to new opportunities in the United States. By following these steps and staying informed about current regulations, you can successfully transition to becoming a permanent U.S. resident.

About This Post

This analysis was inspired by a public discussion on Reddit: https://reddit.com/r/immigration/comments/1qhg8cv/eb5_approved_next_steps/

Immigration law is complex and constantly evolving. While this post provides general information based on current law and policy, every situation is unique.

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This post provides general information and is not legal advice. Laws can change and your facts matter. To get advice for your situation, schedule a consultation with an attorney.

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Steps to Take After Your EB-5 Visa Approval