Yes, an EB-5 investor may invest in as many projects as desired, filing a separate Form I-526E for each. If more than one of the I-526E petitions is approved, however, the investor must choose which project will be the basis for their conditional permanent resident status—and ultimately the basis for the I-829 petition.
As aforementioned, an EB5 investor must file a separate I-526E petition for each project they wish to invest in. In essence, the I-526E petition serves to demonstrate to United States Citizenship and Immigration Services (USCIS) that an investor and their chosen EB5 project qualify for the EB-5 program. This includes documentation that is unique to each project, such as the business plan, projected job creation, targeted employment area (TEA) status, and so on. Therefore, an investor is responsible for compiling the necessary documentation for each I-526E petition they submit to USCIS. However, this process is easier said than done. Issues with the appended documentation — inaccuracies, discrepancies, missing information, etc. — will likely result in USCIS issuing a request for evidence (RFE). Although this does not automatically entail denial, it does cause delays in petition processing. In a worst case scenario, issues with I-526E documentation will result in petition denial.
Once an EB5 investor’s I-526E petition is approved, they are eligible to apply for a Green Card. If an investor filed multiple I-526E petitions and more than one is approved, the investor must choose which project will be the basis for their conditional Green Card application. The project an investor chooses will then be used as the basis for their I-829 petition later on in the EB-5 investment process. Because the primary goal of EB-5 investors is obtaining U.S. permanent resident status, it is crucial that an investor does everything they can to minimize immigration risk. Proper due diligence is key to ensuring a project will help an investor secure U.S. permanent residency.
