EB-5 Timeline: From Investment to Citizenship (How Long It Takes)

The EB-5 Immigrant Investor Program offers a pathway to U.S. permanent residency (Green Card) through investment in a new commercial enterprise that creates or preserves at least ten full-time jobs for qualifying U.S. workers. Understanding the timeline, from initial investment to eventual citizenship, is crucial for prospective investors. This process is complex and involves multiple stages managed by U.S. Citizenship and Immigration Services (USCIS).

Phase 1: Initial Investment and I-526 Petition Filing

The first major step involves making the required capital investment and filing the Immigrant Petition by Alien Entrepreneur (Form I-526 or I-526E for Regional Center projects).

The Investment Requirement

Investors must place the required capital into the new commercial enterprise. The standard minimum investment is typically $1,050,000, or $800,000 if the investment is made in a Targeted Employment Area (TEA).

I-526 Processing Time

Once the I-526/I-526E is filed, USCIS reviews the source of funds, the business plan, and job creation projections. Processing times fluctuate significantly based on USCIS workload and whether the investor is filing directly or through a Regional Center.

• Direct Investment I-526: Processing times can vary widely, often exceeding several years currently.
• Regional Center I-526E: These often benefit from established processing procedures but are still subject to USCIS review periods.
• Premium Processing: Currently, premium processing is generally not available for the I-526/I-526E petitions.

Phase 2: Conditional Permanent Residence (Green Card)

Approval of the I-526/I-526E leads to the next stage, depending on the investor’s location.

Adjustment of Status (AOS) vs. Consular Processing

If the investor is already in the U.S. legally and their priority date is current, they may file Form I-485 (Adjustment of Status).

If the investor is outside the U.S., they proceed with Consular Processing through the National Visa Center (NVC).

Key Milestones in Phase 2:

1. I-526 Approval.
2. NVC processing or I-485 filing.
3. Medical examination and security checks.
4. Conditional Green Card issuance (valid for two years).

Note on Visa Bulletin Wait Times: Investors from countries with high demand (e.g., China, India) may face a significant wait time between I-526 approval and visa availability, as dictated by the Department of State's Visa Bulletin.

Phase 3: Removal of Conditions (I-829 Petition)

The conditional Green Card must be converted to a permanent Green Card by filing Form I-829, Petition by Alien Entrepreneur, within the 90-day window before the conditional status expires.

Demonstrating Job Creation

The core requirement for I-829 approval is proving that the required ten qualifying jobs were created or retained and that the full capital investment remains "at risk."

The I-829 processing time is currently one of the longest stages, often taking 2 to 4 years or more, depending on USCIS backlogs.

During this waiting period, the investor and their family maintain their conditional resident status.

Phase 4: Permanent Residency and Citizenship Path

Once the I-829 petition is approved, the investor and their qualifying family members receive unconditional (permanent) Green Cards.

Path to Citizenship

Permanent residents are eligible to apply for U.S. citizenship (naturalization) after meeting standard residency requirements:

• Generally, five years as a lawful permanent resident.
• Three years if married to and living with a U.S. citizen spouse.

The EB-5 timeline, therefore, typically spans 5 to 10 years from initial investment to naturalization, heavily dependent on the processing speeds of the I-526 and I-829 stages.

Summary of Typical Timeline Segments

While subject to change, a generalized timeline looks like this:

I-526 Processing 1.5 to 4+ years Visa Wait Time (if applicable) 0 to several years Conditional Residency Period 2 years I-829 Processing 2 to 4+ years Total Time to Permanent Residency Approximately 4 to 10 years

Prospective investors should consult with an experienced immigration attorney to create a realistic projection based on current USCIS processing data and their specific country of origin.