The document outlines the process for an alien to obtain lawful permanent resident status through the EB-5 immigrant investor program. It involves submitting Form I-526 to USCIS, who may approve or deny the petition. If approved, the alien can then submit Form I-485 to adjust status or get an immigrant visa abroad. Finally, the alien submits Form I-829 to have conditions removed from their green card.

1. Alien submits
Form I-526 and
supporting documents
Start
to CIS service center
CIS Alien chooses to State sends visa
Does EB-5 apply for an immigrant
Form I-526
Form I-526 CIS EB-5 Consular
On application
the alien adjudicator Visa denied
visa abroad
approved
denied
No adjudicator forwards officer
Form I-526, package to alien, who
reviews all (rare)
submit Process
Form I-526 to the
A A approves or
alien chooses completes package
documentation and
Form I-290B to ends
State Department denies
processing and is interviewed by
makes approval
CIS service
for processingc the visa
or denial location consular officer
center?
Visa
decision in country of residence
Alien chooses to approved
adjust status in the (most)
United Statesb
Yes Consular officer issues
sealed visa packet
Alien submits
CIS EB-5 adjudicator forwards to alien. Alien enters the
Form I-485 and
Form I-290B, Form I-526, and United States to begin
supporting documents
supporting documents to EB-5 investment
to CIS service center
CIS Administrative
Alien’s residence
Appeals Office (AAO) Does status is terminated.
No
the alien CIS issues
submit Form
I-485
Form I-485 Form I-485 Notice to Appear.
I-829?
adjudicator
denied approved Removal process
reviews all
(rare) (most petitions) begins
Form I-290B CIS Form I-290B documentation and
dismissed B B
AAO sustained (rare) Yes
makes approval, denial, 2 years
(most petitions) adjudicator To
or referral pass
End for File to reviews documentation removal
decision
denied storage and dismisses, rejects, process
petitions Alien submits
remands, or Form I-485 referred Form I-829 and
CIS issues
sustains the Form I-290B to district office for supporting documents
appeala remanded to Form I-551 to alien
interview (rare) to CIS service center
service center (rare)
Form I-290B CIS
rejected for
district
Form I-485
untimely filing Form I-485
office adjudicator
denied
(rare) approved
interviews petitioner CIS
C C Conditions are removed from
EB-5
and makes approval
Process begins again
Alien may start the alien’s green card.
adjudicator
or denial
with CIS EB-5 adjudicator
process again by Alien is a lawful permanent
reviews
decision
reviewing the petition
filing a new resident with no
documentation and
and approving
application makes approval or Form I-829 further obligation to the
or denying it denial approved EB-5 Program. CIS no
decision
longer tracks the immigrantd
Form I-829
denied
Five years from
CIS EB-5 adjudicator prepares the Form I-485 approval
District office a memorandum of date, a lawful permanent
prepares a denial
Alien’s residence recommendation of denial and resident can apply to
letter and Notice to
status is terminated. forwards it to the district
D D become a naturalized
Appear and mails
CIS begins with jurisdiction over the alien’s United States citizen
them to the alien
removal proceedings place of residence
To
removal
process
Source: GAO analysis of CIS and Department of State data.