EB-5 Timeline Basics: From Filing to Permanent Green Card

The EB-5 process is a multi-stage immigration journey that usually takes several years from the first investment decision to the final permanent green card. Each investor’s timeline may be different, depending on their country of chargeability, visa availability, USCIS processing speed, project type, and whether the investment falls under a reserved visa category such as rural, high-unemployment, or infrastructure.

StageMain StepEstimated Duration
1Project selection, due diligence, source-of-funds preparation, attorney review1–3 months
2File Form I-526E with USCISAfter preparation is completed
3USCIS review of I-526E petition6–24 months, depending on project type
4Green card application: Adjustment of Status or Consular Processing4–12 months
5Conditional green card period2 years
6File Form I-829 to remove conditionsNear the end of the 2-year conditional period
7USCIS review of I-829 petition12–48 months
8Permanent green card issuanceAfter I-829 approval

1. Preparation Before Filing

Before filing, the investor usually selects an EB-5 project, reviews project documents, prepares source-of-funds evidence, transfers the investment capital, and works with an immigration attorney to prepare the petition.

This stage usually takes around 1 to 3 months, but it may take longer if the investor’s funds come from multiple sources, such as business income, property sales, gifts, loans, or overseas accounts.

2. Filing Form I-526E

For regional center investors, the main petition is usually Form I-526E. USCIS reviews whether the investment is qualified, whether the funds are lawful, and whether the project can support the required job creation.

This review stage may take around 6 to 24 months, but processing times can vary depending on project type of investment (ie rural, urban, infrastructure, direct, etc).

3. Green Card Application

After I-526E approval, the investor can move to the green card application stage.

Investors already in the U.S. may apply for Adjustment of Status. Investors outside the U.S. usually complete Consular Processing through a U.S. embassy or consulate.

This stage commonly takes around 4 to 12 months.

4. Conditional Green Card

Once approved, the investor and eligible family members receive a conditional green card, valid for two years.

During this period, the investor must continue to meet EB-5 requirements, including sustaining the investment and supporting job creation.

5. Filing Form I-829

Before the conditional green card expires, the investor files Form I-829 to remove conditions.

USCIS reviews whether the investment was sustained and whether the required jobs were created. This review may take around 12 to 48 months, depending on the case and USCIS processing times.

6. Permanent Green Card

Once Form I-829 is approved, the investor becomes a lawful permanent resident without conditions.