To apply for an EB-5 Immigrant Investor, visa, you must first file Form I-526, otherwise known as Petition by Alien Entrepreneur. Upon approval, you must then file either a DS-230 or DS260 (Application for Immigrant visa and Alien Registration) with the US Department of State to obtain your EB-5 visa.
If you are looking to adjust your status to conditional permanent residency within the US, you must file Form I-485 (Application to Register Permanent Residence or Adjust Status).
Upon approval of both Form I-485 or upon obtaining entry into the US with a EB-5 Immigrant Investor visa, you and derivative family members (spouse and unmarried children under the age of 21) will be granted conditional permanent residence for a two-year period.
Norma Lorenzo, Esq., is the managing partner at Hermanni & Lorenzo Law Group, an Immigration law firm established in Miami since 2008. Ms. Lorenzo has helped hundreds of immigrants with a variety of cases obtain legal status in the United States. She also teaches at Florida International University School of Law.