Filing the Petition

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The petition to obtain approved EB-5 status under this classification must be filed on Form I-526, “Immigration Petition by Alien Entrepreneur.” The petition must be signed by the foreign national and his or her authorized representative, and accompanied by the current fee amount. The foreign national may file the petition on his or her own behalf. It must be filed with USCIS Service Center in California.

For an approved EB-5, it is necessary to show that a new commercial enterprise will create no fewer than ten full-time positions for qualifying employees.

  • Documentation for an approved EB-5 must consist of photocopies of relevant tax records, Forms I-9 or other similar documents for ten qualifying employees, if such employees have already been hired following the establishment of the new commercial enterprise;


  • A copy of a comprehensive business plan for an approved EB-5 should show that, due to the nature and projected size of the new commercial enterprise, the need for not fewer than ten qualifying employees will result, including approximate dates within the next two years, and when such employees will be hired.

To learn about filing to obtain an approved EB-5 Green Card, read the Frequently Asked Questions section which may answer your initial questions.

Schedule a free consultation with EB-5 Green Card attorney Mark Ivener to learn about the EB-5 investor Green Card program. Your total investment will vary with your investment choice, your due diligence, and other factors.

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