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

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.

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.

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.

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. 01

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

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

2. 02

   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. 03

   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. 04

   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.

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.

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.

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.

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.

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).

• See how the forms fit together end to end on the EB-5 process and EB-5 timeline pages.
• If you are in the United States, read about concurrent filing.
• Use the project due diligence questions to ask about a project's I-956F status.
• For advice on which forms apply to you and when to file them, request a consultation to be connected with a qualified U.S. immigration attorney.