Receiving your I-526E approval notice is a moment of celebration, but the journey isn't over yet. The next step is to obtain your immigrant visa, which allows you and your qualifying family members to enter the United States as conditional permanent residents. The path you take depends on where you are currently living.
I-526E Approved: What Now?
Once USCIS approves your I-526E petition, your case is forwarded to the Department of State's National Visa Center (NVC). From here, there are two distinct processes for obtaining your Green Card:
- Consular Processing: For investors living outside the United States.
- Adjustment of Status (AOS): For investors already living in the United States on a valid non-immigrant visa (e.g., H-1B, F-1, L-1).
Path 1: Consular Processing (For Applicants Abroad)
This is the most common path for EB-5 investors. The process involves these steps:
- NVC Processing: The NVC will contact you to pay visa fees and submit required civil documents (passports, birth certificates, etc.) and the DS-260 Immigrant Visa Application.
- Embassy Interview: Once your documents are accepted, the NVC will schedule an interview for you and your family at the nearest U.S. embassy or consulate in your home country.
- Medical Examination: You must complete a medical exam with an embassy-approved physician before your interview.
- Visa Issuance: If the interview is successful, the consular officer will place an immigrant visa in your passport. This visa is typically valid for six months.
- Entering the U.S.: You must enter the U.S. before the visa expires. Upon entry, a Customs and Border Protection (CBP) officer will endorse your passport, and this endorsement serves as temporary proof of your permanent residency.
Path 2: Adjustment of Status (For Applicants in the U.S.)
If you are already in the U.S. in a valid status, you can "adjust" your status without leaving the country by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
- Filing Form I-485: This can be filed as soon as your I-526E is approved (or concurrently, in many cases).
- Biometrics Appointment: You will be scheduled to provide fingerprints, a photograph, and a signature at a local Application Support Center (ASC).
- Work/Travel Authorization: While the I-485 is pending, you can apply for an Employment Authorization Document (EAD) and Advance Parole (AP), which allows you to work and travel outside the U.S.
- Approval: Once the I-485 is approved, you are officially a conditional permanent resident.
Your Two-Year Conditional Green Card
Regardless of the path you take, you will first receive a two-year conditional Green Card. The "conditions" are related to the EB-5 program requirements—specifically, that your investment is sustained and that it creates 10 full-time jobs for U.S. workers.
The two-year conditional period begins on the date you are admitted to the U.S. as a resident (for consular processing) or the date your I-485 is approved (for AOS). It is critical to track this date, as you must file to remove these conditions in the 90-day window before your card expires.
