Application Process

People seeking visas under the immigrant investor provisions must first file with U.S. Citizenship and Immigration Services (USCIS) a Form I-526, Immigrant Petition by Alien Entrepreneur, together with the required supporting documentation.

The application process for an EB-5 visa is one of the most complex in the United States immigration system. It is crucial to consult with an immigration expert with a depth of experience in this specialized area. The Law Offices of Robert P. Gaffney has over 35 years of experience specializing in EB-5 immigration matters. Contact us at 415-503-9653 to speak with one of our skilled lawyers.

The Approval Process

An investor is assigned a priority date under the visa quota system based on the date the petition is filed. After approval of the petition by USCIS and upon availability of a visa under the immigrant visa quota system, qualified investors and their accompanying family members (spouses and unmarried children under 21) may apply for their immigrant visas at the U.S. Embassy or Consulate in their country of citizenship or residence abroad.

Eligible people in the U.S. in lawful nonimmigrant status may apply for permanent resident status with U.S. Citizenship and Immigration Services by filing an application to adjust status.

Exceptional Service for All Your Business Immigration Needs

The EB-5 immigration process requires the submission of substantial evidence to prove the lawful source of investor capital and that the investor has satisfied all of the other investor-specific and project-specific legal requirements for petition approval, immigrant visa issuance/adjustment of status and removal of conditions on residence. Our attorneys at the Law Offices of Robert P. Gaffney are skilled in advising and assisting our investor clients to comply with all relevant requirements and making the immigration process as stress-free as possible.

Contact Our Renowned Immigration Attorneys

Call our offices at 415-503-9653 or contact our firm online to arrange a consultation with our immigration experts. From our California law office, we assist clients worldwide.

  • Determine eligibility. select an investment project, establish contact with an Attorney
  • With guidance from Attorney, prepare and file I-526 petition with USCIS*
  • USCIS approves I-526 petition
  • If petitioner is in the US at the time of approval and the visa quota is current,1 file for Adjustment of Status with USCIS*
    *USCIS processing times vary but may be up to 24 months per filing. See:
    If outside the US at approval, apply for an Immigrant (EB-5) Visa through the Department of State, ** and after a visa is available,1 enter US on EB-5 visa
    **Department of State immigrant visa processing times vary but are generally faster than USCIS adjustment of status processing times
  • Receive a 2-yeargreen card, maintain status as “Conditional” Permanent Resident
  • Before the expiration date shown on the green card, work with Attorney to prepare and file I-829 Petition to Remove Conditions with USCIS*
    1 visa availability varies according to per-country quotas: availability is posted monthly on the Department of State visa bulletin. Categories marked “C” are current and have no wait time. See:
  • USCIS approves I-829 petition and issues 10-year green card