EB-5 Forms Reference
Data current as of · Source: USCIS
The EB-5 Immigrant Investor Program requires filing multiple USCIS forms across four phases: petition (I-526E), adjustment of status or consular processing (I-485 or DS-260), work and travel authorization (I-765, I-131), and conditions removal (I-829). Regional center investors also involve I-956 series forms for project and center compliance. The total government filing fees for a single applicant through the adjustment of status path are approximately $11,075.
Key Takeaways
- 1Nine primary forms span the EB-5 lifecycle: I-526E, I-485, I-765, I-131, I-829, I-956F, I-956G, I-956H, and DS-260.
- 2Total government filing fees for a single applicant through the adjustment of status path are approximately $11,075, not including attorney or project fees.
- 3Concurrent filing of I-526E and I-485 is available when a visa number is immediately available, enabling work and travel authorization while the petition is pending.
- 4I-829 processing currently takes 30 to 67.5 months, the longest single form in the EB-5 process.
- 5The I-956F (project exemplar) is filed by the regional center, not the individual investor, at a fee of $17,795.
Filing Sequence Overview
| Form | Phase | Fee | Filed By |
|---|---|---|---|
| I-526E | Petition | $3,675 | Investor |
| I-485 | Adjustment of Status | $1,440 | Investor |
| I-765 | Work Authorization | $410 | Investor |
| I-131 | Travel Authorization | $630 | Investor |
Showing 4 of 9 forms. Full details for each form are listed below.
Form I-526E
Immigrant Petition by Regional Center Investor
Initial EB-5 petition for regional center investors. Establishes investment eligibility, source of funds, and job creation compliance.
Filing Fee
$3,675
Processing Time
11 to 17 months (Rural), 24 to 36 months (HUA), 36 to 52 months (Unreserved)
Where to File
USCIS Texas Service Center (Immigrant Investor Program Office)
Official Form Page
uscis.gov/i-526eKey Evidence Required
- Investment of $800,000 (TEA) or $1,050,000 (non-TEA) in a new commercial enterprise
- Lawful source of investment funds documentation
- Business plan demonstrating creation of at least 10 full-time jobs
- Regional center designation letter (Form I-956F approval)
- Offering documents and subscription agreement
Common RFE Triggers
- Insufficient source-of-funds documentation, particularly for complex multi-step transfers
- Gaps in the path-of-funds tracing from origin to the job-creating enterprise
- Business plan lacking sufficient economic analysis or job creation methodology
- Missing or incomplete evidence of TEA designation for the project area
RFE triggers are based on attorney community knowledge and EB5Status editorial analysis. They are not sourced from USCIS publications.
Form I-485
Application to Register Permanent Residence or Adjust Status
Filed by investors already in the United States to adjust to conditional permanent resident status. Can be filed concurrently with I-526E when a visa number is immediately available.
Filing Fee
$1,440
Processing Time
11.5 to 22 months (Field Office), 31.5 to 40 months (Service Center)
Where to File
USCIS Chicago Lockbox (concurrent with I-526E) or local USCIS field office
Official Form Page
uscis.gov/i-485Key Evidence Required
- Approved I-526E petition or concurrent filing eligibility
- Valid immigration status in the United States
- Medical examination results (Form I-693)
- Passport-style photographs
- Evidence of lawful entry into the United States
Common RFE Triggers
- Medical examination expired (valid for 2 years from exam date)
- Status violations or unlawful presence issues
- Missing civil documents (birth certificate, marriage certificate)
- Criminal history requiring additional documentation or waivers
RFE triggers are based on attorney community knowledge and EB5Status editorial analysis. They are not sourced from USCIS publications.
Form I-765
Application for Employment Authorization
Work permit application filed concurrently with I-485. Allows the investor (and derivatives) to work legally in the United States while the adjustment application is pending.
Filing Fee
$410
Processing Time
9 to 11 months
Where to File
Filed concurrently with I-485 at the USCIS Chicago Lockbox
Official Form Page
uscis.gov/i-765Key Evidence Required
- Pending or approved I-485 application
- Passport-style photographs
- Copy of most recent I-94 arrival/departure record
- Applicable category code: (c)(9) for pending I-485
Common RFE Triggers
- Incorrect category code on the application
- Filing before I-485 is properly receipted
- Missing photographs meeting USCIS specifications
RFE triggers are based on attorney community knowledge and EB5Status editorial analysis. They are not sourced from USCIS publications.
Form I-131
Application for Travel Document (Advance Parole)
Permits international travel while the I-485 adjustment application is pending. Without advance parole, departing the United States may be considered an abandonment of the pending I-485.
Filing Fee
$630
Processing Time
19.5 to 23.5 months
Where to File
Filed concurrently with I-485 at the USCIS Chicago Lockbox
Official Form Page
uscis.gov/i-131Key Evidence Required
- Pending I-485 application
- Passport-style photographs
- Copy of any previously issued travel documents
- Explanation of travel purpose (if requested)
Common RFE Triggers
- Filing before I-485 is properly receipted
- Traveling before advance parole is approved (may abandon I-485)
- Document expired before return to the United States
RFE triggers are based on attorney community knowledge and EB5Status editorial analysis. They are not sourced from USCIS publications.
Form I-829
Petition by Investor to Remove Conditions on Permanent Resident Status
Filed during the 90-day window before the second anniversary of conditional permanent residence. Required to remove conditions and obtain unconditional (10-year) permanent residence.
Filing Fee
$3,835
Processing Time
30 to 67.5 months
Where to File
USCIS Texas Service Center (Immigrant Investor Program Office)
Official Form Page
uscis.gov/i-829Key Evidence Required
- Evidence that the investment was sustained throughout the conditional residence period
- Evidence that 10 full-time jobs were created (or will be created within a reasonable period)
- Tax returns and financial statements for the commercial enterprise
- Payroll records or economic impact analysis (regional center investors)
- Copy of conditional permanent resident card
Common RFE Triggers
- Insufficient evidence of sustained investment throughout the two-year period
- Job creation documentation incomplete or inconsistent with the approved business plan
- Filing outside the 90-day window (too early or too late)
- Material change in the business plan without USCIS notification
RFE triggers are based on attorney community knowledge and EB5Status editorial analysis. They are not sourced from USCIS publications.
Form I-956F
Application for Approval of an Investment in a Commercial Enterprise
Filed by regional centers to obtain USCIS approval of individual investment offerings (project exemplar). Required before the regional center can begin accepting investor subscriptions under the RIA framework.
Filing Fee
$17,795
Processing Time
12 to 22 months
Where to File
USCIS Texas Service Center (Immigrant Investor Program Office)
Official Form Page
uscis.gov/i-956fKey Evidence Required
- Regional center designation approval (I-956 or I-956G)
- Comprehensive business plan with economic analysis
- Job creation methodology (RIMS II, IMPLAN, or similar)
- Securities offering documents and subscription agreements
- Evidence of TEA designation (if applicable)
Common RFE Triggers
- Insufficient economic analysis supporting job creation projections
- Business plan inconsistencies with the offering documents
- TEA designation evidence does not cover the project location
- Missing or incomplete compliance documentation under the RIA
RFE triggers are based on attorney community knowledge and EB5Status editorial analysis. They are not sourced from USCIS publications.
Form I-956G
Regional Center Annual Statement
Annual compliance statement filed by USCIS-designated regional centers. Certifies ongoing compliance with the EB-5 Reform and Integrity Act requirements.
Filing Fee
$0 (no filing fee)
Processing Time
Annual filing; no adjudication timeline
Where to File
USCIS Texas Service Center
Official Form Page
uscis.gov/i-956gKey Evidence Required
- Annual certification of compliance with RIA requirements
- Report on fund administration and investor capital deployment
- Audited financial statements (if applicable)
- Updated list of associated new commercial enterprises
Common RFE Triggers
- Late filing (due annually on the anniversary of regional center approval)
- Missing or incomplete financial disclosures
- Failure to report material changes in regional center operations
RFE triggers are based on attorney community knowledge and EB5Status editorial analysis. They are not sourced from USCIS publications.
Form I-956H
Bona Fide Determination for Regional Center Investors
Filed by investors who made investments in regional center projects that were later terminated or debarred by USCIS. Allows affected investors to have their investment recognized as bona fide under the RIA.
Filing Fee
$0 (no filing fee)
Processing Time
Case-by-case adjudication
Where to File
USCIS Texas Service Center
Official Form Page
uscis.gov/i-956hKey Evidence Required
- Evidence that the investment was made in good faith
- Documentation of the terminated or debarred regional center
- Proof of sustained investment throughout the relevant period
- Any correspondence from USCIS regarding the termination
Common RFE Triggers
- Insufficient documentation of the original investment transaction
- Evidence suggesting the investor was aware of compliance issues
RFE triggers are based on attorney community knowledge and EB5Status editorial analysis. They are not sourced from USCIS publications.
Form DS-260
Immigrant Visa Electronic Application
Filed online through the U.S. Department of State for investors processing their immigrant visa at a U.S. consulate abroad (consular processing), rather than adjusting status within the United States.
Filing Fee
$345 (immigrant visa application fee)
Processing Time
Varies by consular post; typically 2 to 6 months after interview scheduling
Where to File
Online via the Consular Electronic Application Center (CEAC)
Official Form Page
ceac.state.gov/iv/Key Evidence Required
- Approved I-526E petition (NVC assigns a case number)
- Civil documents (birth certificate, marriage certificate, police clearances)
- Medical examination from an approved panel physician
- Financial documents demonstrating investment was made
- Passport valid for at least 6 months beyond intended entry date
Common RFE Triggers
- Incomplete civil document collection for all family members
- Medical examination not from an approved panel physician
- Missing or expired police clearance certificates
RFE triggers are based on attorney community knowledge and EB5Status editorial analysis. They are not sourced from USCIS publications.
Frequently Asked Questions
How this data was calculated
All form data, filing fees, and filing locations are sourced from official USCIS form pages and the USCIS fee schedule. Processing times are from the USCIS Processing Times Tool. Common RFE triggers are based on editorial analysis of attorney community knowledge and are marked with the Orange (Editorial) trust tier.
Cite this page
EB5 Status. "EB-5 Forms Reference: Complete List of USCIS Forms." eb5status.com. Accessed April 3, 2026. https://www.eb5status.com/en/reference/forms