The EB-5 process has two steps: the immigrant petition to qualify as an investor, and obtaining the visa or green card. First, you need to file Form I-526, Immigrant Petition by Alien Entrepreneur, with USCIS. In this petition, you need to demonstrate that you have invested—or are in the process of investing—the amount of capital necessary into a new U.S. commercial business and that this investment will result in the creation of at least ten full-time U.S. jobs. Supporting documents would generally consist of a comprehensive business plan, documentation of the source and transfer of investment funds, and estimates of job creation. As opposed to some categories of employment-based immigration categories, EB-5 is exempt from labor certification requirements but involves extensive paperwork and disclosure of funds. USCIS will need to approve your I-526 petition before proceeding to the next step of the process. Once your I-526 petition is granted, you are eligible to apply for the immigrant visa by consular processing or, if you are already present in the United States in valid status, by filing Form I-485 to adjust status. If you are filing outside the United States, you will file the Form DS-260 and supporting documents (civil documents and medical report) and attend a visa interview at a U.S. Consulate or Embassy. If you are immigrating status in the United States, you will file your documents with USCIS. In either scenario, once your petition is granted, you and your eligible family members are provided with two years of conditional permanent resident status. Prior to that date running out, you will file Form I-829, Petition to Remove Conditions, demonstrating that your investment was sustained and that the necessary jobs were created. Once your I-829 has been approved, the restrictions are removed and you may enjoy full permanent resident status.

The application procedure for an E-2 visa will vary, depending on whether you’re in or outside of the country. If outside of the country, you will first complete the Online Nonimmigrant Visa Application (Form DS-160) and pay the visa fee. You will also usually have to file Form DS-156E, which gives extensive information regarding the investment, the enterprise, and your position in the business. In addition to the necessary forms, you will also put together a full application package with evidence of your nationality from a treaty-eligible nation, evidence that a significant investment has been made, an executable business plan, supporting financial documents, and evidence that the business is in operation, bona fide, and not marginal. Once filed, you will have an interview at a U.S. Embassy or Consulate, where a consular officer will determine whether your case fulfills all requirements of E-2. Once approved, the visa will be endorsed in your passport and you can enter the U.S. in E-2 status. If you already have a valid nonimmigrant visa other than E-2 in the U.S., you may instead request a change of status to E-2 by filing Form I-129 with USCIS. This option enables you to stay in the country as an E-2 status but will require you to seek a visa at a consulate if you need to leave the country abroad. E-2 status is temporary but can be extended any number of times so long as the company remains active and still qualifies. You should also maintain the intention to depart from the U.S. after your E-2 status has expired. Keep in mind that various consulates may have unique procedural procedures, requesting supporting documents in advance.