What are the processing procedures?

The foreign investor must complete three phases of the application process to become a permanent US resident:

Step 1:
 
To obtain immigrant investor status, the foreign investor submits a completed Immigrant Petition by Alien Entrepreneur Form (Form I-526) to US Citizenship and Immigration Services (USCIS) along with supporting documentation clearly demonstrating that the investment meets all EB-5 requirements. Approval of the I-526 Petition is the foundation to begin Step 2.

Step 2:
 
If the foreign investor is residing within the US and has received Form I-526 approval, he or she may obtain conditional resident status by submitting a completed Application to Register Permanent Residence or Adjust Status (Form I-485) to USCIS. If residing outside the US, the foreign investor must apply for an immigrant visa at a US Consulate.

Step 3:
 
During the 90-day period prior to the expiration of the conditional period, the investor should file a completed Petition by Entrepreneur to Remove Conditions (Form I-829) to USCIS. In this petition, the foreign investor must demonstrate that the investment was sustained over the two-year conditional period, and the requisite jobs were created. Upon approval of the I-829 petition, the conditional nature of the green card is removed and full permanent residence is granted to the investor, spouse and the investor’s family members under 21 years of age.