EB-5 Immigrant Investor Program: Step 4 for International Students Applying for Investment Immigration – Filing the Immigration Petition
Step 4 for International Students Applying for Investment Immigration: Filing the Immigration Petition
Attorneys:Attorney Jeff Zhengquan Xie,Attorney Jiarui Yin,Attorney Qian Zhao,Attorney Haochun Ling, Xiang Xiao
After completing the first three steps of the EB-5 investment immigration application process—preparing the source-of-funds report, identifying a preferred investment project, and finalizing the investment documents—the application proceeds to Step 4: filing the immigration petition with U.S. Citizenship and Immigration Services (USCIS) on behalf of the investor.
Unlike family-based immigration and employment-based immigration petitions, the form required for EB-5 investment immigration is Form I-526E, which spans 16 pages in total. EB-5 petitions are generally prepared and filed directly with USCIS by immigration attorneys or regional centers. It is advisable to retain legal counsel promptly, either before or after selecting an investment project, to maximize the chances of a successful I-526E approval.
This form is highly complex, covering every aspect of the investor, investment capital, and investment project. Typically, immigration attorneys and project sponsors collaborate to complete sections related to project details and investor information. DIY (Do-It-Yourself) applications are strongly discouraged for international student investors.
The form must be supported by a substantial volume of documentation. A complete I-526E petition package often weighs several pounds and can run to hundreds of pages. Requests for Evidence (RFEs) issued by USCIS may also cover a wide range of topics.
The filing date of Form I-526E is critically important for EB-5 investors, as this date becomes the investor’s priority date for immigration purposes.
Regardless of whether there is a visa backlog for EB-5, this priority date serves as the investor’s place in the queue for a green card. USCIS generally adjudicates EB-5 petitions in the order they are received, and visa numbers are allocated based on priority dates. Therefore, filing early ensures earlier adjudication and earlier green card issuance.
Prior to 2022, even if visa numbers were available, international student investors residing in the U.S. had to wait for their Form I-526 to be approved before they could file Form I-485 (Application to Register Permanent Residence or Adjust Status). This meant that students had to maintain valid nonimmigrant status (such as F-1, F-2, H-1B, or H-4) after submitting Form I-526.
Since 2022, to date, international student investors physically present in the U.S. have been eligible to file Form I-485 concurrently with Form I-526E. Once a student submits Form I-485, they are no longer required to maintain their existing nonimmigrant status (F-1, F-2, H-1B, H-4, etc.).
That said, investors should consult their immigration attorneys to determine the optimal timing for relinquishing their nonimmigrant status.
After filing Form I-485, the international student investor will receive a receipt notice, followed by an appointment notice for biometrics (fingerprinting and photography). Subsequently, they will be issued an Employment Authorization Document (EAD) and Advance Parole. The EAD allows the investor to work legally in the U.S., while Advance Parole permits re-entry into the U.S. without the need for a nonimmigrant visa.
Upon reaching this stage, the international student investor is essentially a "pre-green card holder". Beyond maintaining regular communication with their attorney and project sponsor, they are free to pursue their personal and professional goals while waiting patiently for their green card approval.
The above overview is prepared by XIE LAW OFFICES,LLC. to provide legal information to the Chinese community. It is primarily for academic discussion purposes and does not constitute legal advice on specific cases. If you already have legal representation, please consult your own attorney, who is familiar with the details of your case. Clients of Xie & Associates Law Firm, as well as readers who have not yet retained legal counsel, may contact Attorney Xie for specific legal questions. If you wish to reprint this document, please do so in full without any deletions, and clearly indicate the source.
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