The EB-5 Immigrant Investor Program involves multiple stages of review by U.S. Citizenship and Immigration Services (USCIS). Each stage requires specific forms, and understanding what they are — and what they mean — can help investors navigate the process with greater clarity.
Below is a simplified overview of the key forms involved in a typical EB-5 case.
1. Form I-526E – Immigrant Petition by Regional Center Investor
For investors participating through a Regional Center, the process begins with Form I-526E.
This petition demonstrates that:
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The investor has made (or is in the process of making) a qualifying investment
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The investment is in a compliant EB-5 project
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The lawful source of funds has been properly documented
USCIS reviews the investor’s financial documentation, project eligibility, and job creation methodology at this stage.
Approval of the I-526E allows the investor to move to the next phase of the immigration process.
2. Form I-485 – Adjustment of Status (If in the U.S.)
If the investor is already in the United States in valid status and a visa number is available, they may file Form I-485 (Adjustment of Status) concurrently with the I-526E.
This allows the investor (and eligible family members) to apply for conditional permanent residence without leaving the country.
In many cases, investors may file the I-526E and I-485 concurrently, depending on visa availability. This can also allow applications for:
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Employment Authorization (Form I-765)
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Advance Parole travel authorization (Form I-131)
3. Consular Processing (If Outside the U.S.)
If the investor resides outside the United States, the case moves to the National Visa Center (NVC) after I-526E approval.
The investor will complete Form DS-260, an immigrant visa application processed through a U.S. consulate abroad.
Upon approval, the investor and qualifying family members enter the U.S. as conditional permanent residents.
4. Form I-829 – Petition to Remove Conditions
EB-5 investors initially receive conditional permanent residence valid for two years.
Within the 90-day period before the second anniversary of obtaining conditional residency, the investor must file Form I-829.
This petition demonstrates that:
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The required capital remained invested
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The investment created (or will create) at least 10 qualifying U.S. jobs
Approval of the I-829 results in permanent, unconditional green cards.
5. Project-Level Form I-956F (Filed by the Regional Center)
While not filed by the investor, Form I-956F is an important project-level filing submitted by the Regional Center.
This form provides USCIS with:
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The project’s business plan
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Economic analysis
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Job creation methodology
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Offering documents
Projects with approved I-956F filings have already undergone USCIS review of structural components, which can reduce compliance uncertainty.
For example, EB-5 Coast to Coast’s projects such as Copper Valley and All Points North (APN) are both I-956F approved and structured under current regulatory requirements.
Why Understanding the Forms Matters
Each EB-5 form represents a distinct stage of review:
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I-526E – Investment qualification
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I-485 or DS-260 – Conditional residency
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I-829 – Removal of conditions
Proper preparation at each stage can reduce delays and Requests for Evidence (RFEs). Working with experienced immigration counsel and a compliant Regional Center platform helps ensure filings are structured correctly from the outset.
USCIS EB-5 Filing Fees Reduced — Investors Filing Now May Benefit
On November 12, 2025, a federal court issued an order in Moody v. Noem staying the EB-5-related fee increases that DHS implemented in April 2024.
As a result, USCIS has reinstated the lower EB-5 filing fees that were in effect prior to April 1, 2024.
Effective November 13, 2025, USCIS is accepting the following reduced investor-related fees:
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Form I-526E (Regional Center Investor Petition): $3,675
(Previously $11,160 under the 2024 fee rule) -
Form I-526 (Standalone Investor Petition): $3,675
(Previously $11,160) -
Form I-829 (Petition to Remove Conditions): $3,750
(Previously $9,525)
This represents a substantial reduction in filing costs compared to the April 2024 fee schedule.
Investors who file now can benefit from these reinstated lower fees. However, USCIS has stated it disagrees with the court’s decision, and future regulatory or appellate developments could result in additional changes.
As always, USCIS filing fees are subject to policy updates. Investors considering EB-5 may wish to evaluate timing carefully.
Schedule a Consultation
If you are evaluating EB-5 options, our team at EB-5 Coast to Coast — one of the largest Regional Center owner-operators in the United States, with 12+ USCIS-approved Regional Centers across 49 states and more than 1,000 investors represented — is available to discuss current projects and filing considerations.
