Form DS-260, Immigrant Visa Electronic Application, should be filed by an EB-5 investor who has received approval of their I-526E petition and does not currently hold a nonimmigrant visa in the United States. If an EB-5 investor is already residing in the United States with a nonimmigrant visa, they should file Form I-485 with Form I-526E to adjust their immigrant status.
Upon approval of the I-526E petition, the next step for a nonresident EB-5 investor is to file Form DS-260 to relocate to the United States and begin their two-year conditional residency period. The form must be submitted separately for each of the investor’s eligible individual family members.
The form itself can be filed by the EB-investor on their own or with their immigration attorney. The application process will require paperwork initially, then an interview at the U.S. consulate or embassy in the investor’s home country.
On the application, the EB-5 investor will be required to provide basic biographical information. In addition, Part I of the DS-260 application will ask for information pertaining to past addresses, the investor’s history of employment dating back 10 years, and any accounts of military service.
Part II of the application, the interview, will take place at the U.S. consulate or embassy in the investor’s home country. A consular worker will assist the investor with finishing Part II of Form DS-260. As part of the interview, the EB5 investor may be required to provide certain documentation, which could include birth certificates, passports, or marriage or divorce certificates.
Once the interview has concluded, the DS-260 application will be signed, which finalizes the entire process. If the application is approved. the EB-5 investor and their spouse and dependents will receive conditional permanent residency in the United States.
