Immigration for investors

The EB-5 timeline

An EB-5 case runs in stages over several years: the investment, the petition, the conditional green card and the permanent one. Waiting times depend on USCIS and on visa availability for the investor’s country, so we plan each stage against current figures.

What we handle

Every stage, and the questions that come up between them.

  • Planning the sequence

    A written schedule of filings for the investor and family, updated as figures change.

  • Concurrent filing

    Filing the green card application together with the petition, when the investor is in the United States and a visa is available.

  • Children approaching 21

    Protecting a child’s eligibility under the Child Status Protection Act.

  • Status while waiting

    Keeping a lawful status in the United States, or planning travel from abroad, during the wait.

  • Visa availability

    Reading the Visa Bulletin for the investor’s country and category each month.

  • The final stage

    Form I-829 and the permanent green card.

The stages in order

Six stages. We do not quote durations, because they change; we tell you the current figures at each step.

  1. Preparation

    Choosing the project and documenting the source of funds. This stage is in the investor’s hands, and it is often the longest.

    Who: the investor and the firm

  2. Investment and petition

    The capital is invested and the petition filed. The filing date is the investor’s priority date.

    Who: the firm

  3. Petition decision

    USCIS reviews the petition and may ask for more evidence. Approval confirms the investment qualifies.

    Who: USCIS

  4. Visa availability and the green card

    When the priority date is current for the investor’s country, the family applies for conditional green cards.

    Who: the firm, following the Visa Bulletin

  5. Conditional residence

    Two years as conditional residents. The investment stays in place and the jobs are created.

    Who: the investor and the business

  6. Permanent residence

    Form I-829 is filed in the 90 days before the second anniversary. Approval makes the green cards permanent.

    Who: the firm files; USCIS decides

Representative matters

A few recent matters, described without client names.

  • Concurrent

    Filed the petition and the green card applications together for an investor family already in the United States.

  • Child

    Preserved a son’s eligibility after his 21st birthday under the Child Status Protection Act.

  • Waiting

    Planned student and work status for an investor’s family through several years of visa backlog.

  • Final stage

    Permanent green cards for an investor family who had moved states during conditional residence.

Attorney advertising. Prior results do not guarantee a similar outcome. Every case turns on its own facts.

Common questions

How long will my case take?

We give you the current published figures for each stage and the Visa Bulletin position for your country. Both change, so we update the schedule as they do.

Can I live in the United States while I wait?

Only with a separate lawful status, or through concurrent filing when a visa is available. We plan this at the start.

What if my child turns 21 during the case?

The Child Status Protection Act may preserve eligibility. The calculation depends on dates in the case, so we track them from the beginning.

Considering an EB-5 investment?

Bring a summary of your assets and where they came from, and any project you are considering. In the first meeting we tell you what the documentation will involve.