When can the derivative family members of the EB-5 investor apply for their green cards?

Generally, all derivative beneficiaries apply for the EB-5 visa and U.S. green card concurrently with the primary applicant. In other words, when any derivative family member may apply for their green card is contingent on the timeline of the EB-5 investor.

Application for the EB-5 visa and green card takes place after Form I-526 has been approved. Once the EB-5 investor has received approval, they must either adjust status or undergo consular processing to be issued conditional permanent resident status, which, once approved, will automatically be conferred to the investor’s derivative beneficiaries.

Form I-526 Approval: Next Steps

After Form I-526 has been approved, the EB-5 investor’s next steps will depend on where they are currently working and residing.

If the EB-5 investor is already living and working in the United States under a specified valid non-resident visa, they may be eligible for concurrent filing for Forms I-526 and I-485, in which case they would be able to file Form I-526 while simultaneously adjusting status and acquiring lawful permanent residence. Non-resident visa holders who are eligible for concurrent filing include holders of the H-1B, E-2, and F-1 visas.

If the EB-5 investor is living overseas in their home country at the time their I-526 petition is approved, they will need to undergo consular processing. The process will entail filing Form DS-260 and attending an interview at the U.S. embassy/consulate office in the investor’s home country.

It is at this point, while the EB-5 investor is either adjusting status by filing Form I-485 or undergoing consular processing, that all listed derivatives will be automatically included in the EB-5 visa and green card application process.

Once an EB-5 visa and conditional green card has been issued, the EB-5 investor and their derivative beneficiaries may relocate to the United States. Conditional permanent residency lasts two years and during the 90 day period before the conditional green card expires, the EB-5 investor must file Form I-829 to remove the conditions from their permanent resident status. After five years of maintaining lawful permanent resident status, the EB-5 investor and their derivatives will be eligible to apply for U.S. citizenship.