An I-526 petition by Alien Investor is the first application that an EB-5 investor must file and must demonstrate, with a credible business plan, that the program’s requirements will be fulfilled: capital investment; a lawful source and path of funds; required job creation; the investment will be “at risk”; etc.

Once an investor’s I-526 petition is approved, conditional permanent residency can be attained in one of two ways: If the investor is living in the U.S., they will file Form I-485 for adjustment of status. Investors living abroad file Form DS-260 with a U.S. Consulate or U.S. Embassy.

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