EB-5 Filing Guides: I-526E, I-485, I-829, and I-765

Q: What is the first form to file in the EB-5 process?

Form I-526E (Immigrant Petition by Alien Investor) is the initial petition. It establishes your investment eligibility, source of funds, and the job creation plan. For regional center investors, the associated project must also have an approved I-956F.

Q: Can I work in the U.S. while my EB-5 petition is pending?

If you file Form I-485 (adjustment of status) concurrently with or after your I-526E, you can also file Form I-765 for an Employment Authorization Document (EAD). This provides work authorization while your green card application is pending. Concurrent filing requires that a visa number is immediately available.

Q: How long does the entire EB-5 filing process take?

The timeline varies significantly by filing category. Rural set aside petitions currently process in 11 to 17 months for I-526E. Unreserved category petitions range from 36 to 52 months. After conditional residence, you must wait two years before filing I-829 to remove conditions. The full process from initial filing to unconditional permanent residence typically spans 4 to 7 years.

Q: What are the current USCIS filing fees for EB-5?

The I-526E filing fee is $3,675. The I-485 fee is $1,440. The I-829 fee is $3,835. There is also a $1,000 EB-5 Integrity Fund fee per investor under the Reform and Integrity Act. Use our Filing Fee Calculator for a complete breakdown based on your family size and filing path.

Q: What happens if my I-526E petition is denied?

If denied, you may file a motion to reopen or reconsider with USCIS, or appeal to the Administrative Appeals Office (AAO). Common denial reasons include insufficient source of funds documentation, project eligibility issues, or admissibility concerns. A well prepared initial petition with thorough documentation is the most effective way to avoid denial.

EB5Status

EB-5 Filing Guides

Step-by-step guides to every form in the EB-5 filing sequence. Requirements, fees, processing times, and common pitfalls, sourced from USCIS publications and the Immigration and Nationality Act.

Key Takeaways

1The EB-5 filing sequence consists of three major forms: I-526E (petition), I-485 (adjustment of status), and I-829 (removal of conditions).
2Form I-765 (work permit) and Form I-131 (advance parole) are filed concurrently with I-485, enabling work authorization while your green card is pending.
3Source of funds documentation is the most scrutinized element of the I-526E petition and the leading cause of Requests for Evidence.
4Filing before September 30, 2026 locks in the current $800,000 TEA investment minimum through grandfathering protection.

Step 1

Form I-526E

Immigrant Petition by Regional Center Investor

The initial petition for regional center investors. Establishes investment eligibility, job creation, and source of funds.

10 sections·5 FAQ·2 fee items

Step 2

Form I-485

Application to Register Permanent Residence or Adjust Status

Adjustment of status application for investors in the U.S. Converts EB-5 classification into conditional permanent residence.

4 sections·4 FAQ·3 fee items

Step 3

Form I-829

Petition by Investor to Remove Conditions on Permanent Resident Status

Petition to remove conditions after two years of conditional residence. The final major filing in the EB-5 process.

5 sections·4 FAQ·2 fee items

Concurrent

Form I-765

Application for Employment Authorization

Work permit application filed concurrently with I-485. Provides employment authorization while the green card is pending.

5 sections·4 FAQ·2 fee items

EB-5 Filing Sequence

I-526EPetition

I-485Adjust Status

I-829Remove Conditions

Form I-765 (EAD) and Form I-131 (Advance Parole) are filed concurrently with I-485.

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