Skip to main content

New USCIS EB-5 filing fees apply from November 30, 2026, and minimum investment amounts adjust from January 1, 2027. See the costs

Filing strategy

EB-5 forms and the filing process: I-526E, I-526, I-956F, DS-260, I-485 and I-829

An EB-5 case moves through a series of government forms, some filed by the project's regional center, some by the investor and some by family members. Knowing which form does what makes it easier to follow your own case and to ask good questions of your attorney. This article, drawn from the EB5 Circle Investor Guide, walks through each form in the order it usually appears. It explains the process only; it is not legal advice, and filing any form does not guarantee approval.

Last reviewed
Reviewed
Reading time
9 min read
Sources
6 official sources cited

Key points

  • Regional center investors file Form I-526E; standalone (direct) investors file Form I-526. The 2022 Act created these as separate forms.
  • For regional center investments, the regional center must file the project application (Form I-956F) before an investor files Form I-526E, and USCIS cannot make a final decision on the I-526E until the I-956F is decided.
  • After petition approval and visa availability, investors abroad generally use consular processing (Form DS-260); investors inside the United States may use adjustment of status (Form I-485).
  • Form I-829, which asks USCIS to remove the conditions on residence, is filed in the 90-day period immediately before the second anniversary of conditional residence.
  • USCIS's revised EB-5 filing fees apply to filings postmarked on or after November 30, 2026. Check the official fee schedule rather than relying on figures from any other source.
The Lower Manhattan skyline seen across the water at dusk
Photo: 2nified (CC BY-SA 3.0). Illustrative image; it does not depict an EB-5 project.

01The EB-5 forms at a glance

The table below summarises the main forms an EB-5 investor and family are likely to encounter. Not every case uses every form: which ones apply depends on whether the investment is through a regional center or standalone, and whether the investor is inside or outside the United States.

Main EB-5 forms: who files, when, and purpose
FormWho filesWhenPurpose
I-956FThe regional centerBefore any investor in the project files Form I-526EApplication for approval of a specific investment in a regional center project (the project application).
I-526ERegional center investorAfter investing, and after the regional center has filed Form I-956FPetition showing the investment, the lawful source and path of funds, and eligibility as a regional center investor.
I-526Standalone (direct) investorAfter investing in a qualifying new commercial enterprisePetition showing lawful capital, a qualifying new commercial enterprise and job creation.
DS-260Investor and each derivative family member abroadAfter petition approval and once a visa is availableOnline immigrant visa application for consular processing outside the United States.
I-485Investor and each derivative family member in the United StatesConcurrently with the petition, while it is pending, or after approval, when a visa is immediately available and other requirements are metApplication to adjust status to conditional permanent resident from inside the United States.
I-765Applicants with a pending I-485Generally with or after the I-485Application for employment authorization (permission to work) while the I-485 is pending.
I-131Applicants with a pending I-485Generally with or after the I-485Application for a travel document, such as advance parole, to travel abroad while the I-485 is pending.
I-829Investor (family members are generally included)In the 90 days immediately before the second anniversary of conditional residencePetition to remove the conditions on permanent residence.

Regional centers also file other forms that investors do not file themselves, such as Form I-956 (regional center designation) and Form I-956G (the regional center's annual statement). They are part of USCIS's oversight of regional centers, not an endorsement of any investment.

02Investor petitions: Form I-526E and Form I-526

The EB-5 Reform and Integrity Act of 2022 established separate petitions for the two routes into the program. Which one you file depends on how the investment is structured. See regional center vs. direct investment for the difference.

Form I-526E (regional center investors)

Form I-526E is the immigrant petition for an investor who invests through a USCIS-designated regional center. It provides evidence of the investment, the lawful source and path of the investor's funds, and the investor's eligibility. The investment amount must meet the applicable minimum: $1,050,000 generally, or $800,000 in a targeted employment area (TEA) or infrastructure project, for petitions filed before January 1, 2027.

Form I-526 (standalone investors)

Form I-526 is used by an investor who invests directly in a new commercial enterprise without a regional center. It must show lawful capital, a qualifying new commercial enterprise and job creation. Typical evidence includes tax returns, bank statements, business records, investment documents and employment projections.

03The project application: Form I-956F comes first

Under the framework introduced by the 2022 Act, each regional center investment offering has its own project application, Form I-956F, filed by the regional center. For regional center investors this creates an important sequencing rule.

  1. Step 1: The regional center files Form I-956F

    The regional center submits the project application to USCIS describing the specific investment offering.

  2. Step 2: The investor files Form I-526E

    The investor may file once the I-956F has been filed, including while the project application is still pending.

  3. Step 3: USCIS decides the I-956F

    USCIS cannot make a final decision on the investor's I-526E until it has decided the related I-956F.

  4. Step 4: USCIS decides the I-526E

    The investor's petition is then decided on its own evidence, including the investor's source of funds.

04Priority dates and visa availability

Petition approval does not always mean a visa is available straight away. Annual limits on EB-5 visas, per-country limits and the separate reserved and unreserved categories mean some investors must wait after approval.

Priority date
Generally the date USCIS receives the investor's I-526 or I-526E petition. It marks the investor's place in line for a visa in their category and country.
Country of chargeability
Generally the applicant's country of birth, which determines which per-country column of the Visa Bulletin applies.
Visa Bulletin
The U.S. Department of State's monthly bulletin (opens in a new tab) showing which priority dates may proceed in each category and country.

Visa availability depends on the category (reserved or unreserved), the country of chargeability and the monthly bulletin, and it can change. See reading the Visa Bulletin and reserved visa categories.

05Becoming a conditional resident: DS-260 or I-485

Once a petition is approved (or, for concurrent filing, while it is pending) and a visa is available, the investor and each derivative family member apply for conditional permanent residence. There are two routes, and the key difference is where the applicant is.

Consular processing compared with adjustment of status
Form DS-260 (consular processing)Form I-485 (adjustment of status)
Where the applicant isOutside the United StatesInside the United States
When it is filedAfter petition approval and once a visa is availableWhen a visa is immediately available and other requirements are met; may be concurrent with the petition, while it is pending, or after approval, depending on the rules
How it is filedOnline through the State Department's Consular Electronic Application CenterWith USCIS
What it involvesCivil documents, a medical examination and an interview at a U.S. consulateSupporting documents, a medical examination and, where required, biometrics or an interview
Result if approvedAn immigrant visa; conditional residence begins on admission to the United StatesConditional permanent residence granted inside the United States

Either way, the investor and derivatives become conditional residents for 2 years. Filing either form does not guarantee approval.

Forms I-765 and I-131 alongside an I-485

Applicants with a pending I-485 may apply for employment authorization on Form I-765 (opens in a new tab) and for a travel document such as advance parole on Form I-131 (opens in a new tab). Whether concurrent filing is available depends on visa availability and on maintaining lawful status. See concurrent filing and seek individual advice from a qualified U.S. immigration attorney before relying on it.

06Removing conditions: Form I-829

Conditional residence lasts 2 years. To remove the conditions, the investor files Form I-829 in the 90-day period immediately before the second anniversary of becoming a conditional resident. Filing outside this window can cause serious problems, so it is worth noting the dates early.

  • The petition includes evidence that the investor sustained the investment as required.
  • It includes evidence of job creation: generally at least 10 qualifying full-time jobs per investor. See EB-5 job creation explained.
  • If approved, conditions are removed for the investor and the dependents included in the petition.

07Fees and timing

USCIS's revised EB-5 filing fees apply to filings postmarked on or after November 30, 2026. EB5 Circle does not restate fee amounts. Always confirm the fee for each form on the USCIS fee schedule (opens in a new tab) before filing, and confirm with your attorney which schedule applies to your filing date.

Processing times vary by form and over time, and no one can promise a timeline. For indicative durations at each stage, see the EB-5 timeline, and check current figures on the USCIS processing times page (opens in a new tab).

08Next steps

Common questions

Generally yes, once the regional center has filed the I-956F. However, USCIS cannot make a final decision on your I-526E until it has decided the I-956F, so the project application's outcome matters to your case.

A spouse and unmarried children under 21 generally do not file their own investor petition, but each usually files their own DS-260 or I-485 to obtain conditional residence. See planning for children and age.

DS-260 is used by applicants outside the United States, through a U.S. consulate. I-485 is used by applicants inside the United States who meet the requirements to adjust status. Neither guarantees approval.

In the 90 days immediately before the second anniversary of the date you became a conditional resident. Your attorney can confirm the exact window for your case.

Sources and further reading

Facts on this page were checked against these sources on October 29, 2026. Rules and figures change — always confirm with the official source.

  1. 1.Form I-526E, Immigrant Petition by Regional Center Investor (opens in a new tab)U.S. Citizenship and Immigration Services
  2. 2.Form I-956F, Application for Approval of an Investment in a Commercial Enterprise (opens in a new tab)U.S. Citizenship and Immigration Services
  3. 3.Form I-526, Immigrant Petition by Standalone Investor (opens in a new tab)U.S. Citizenship and Immigration Services
  4. 4.Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status (opens in a new tab)U.S. Citizenship and Immigration Services
  5. 5.Form G-1055, Fee Schedule (opens in a new tab)U.S. Citizenship and Immigration Services
  6. 6.Visa Bulletin (opens in a new tab)U.S. Department of State

Published · Last reviewed . This page is general educational information, not legal, tax or investment advice. See our disclosures.

Your next step

Make Your Next Step an Informed One.

Start by understanding your options, reviewing the available information, and identifying the questions that matter most to your circumstances.

Consultations are informational. EB5 Circle does not provide legal, tax or investment advice; where appropriate we can help you identify qualified professionals.