From I-526E to I-829: the full EB-5 path, stage by stage
The EB-5 journey from I-526E approval through visa or adjustment, the two-year conditional green card, I-829 and sustaining the investment, and why timelines vary.
EB-5 is not a single filing. It is a sequence of stages, each with its own requirements and its own sources of delay. Knowing the sequence helps families plan funds, children's schooling and relocation without relying on promised dates. No stage has a guaranteed duration, and this article gives none.
The stages
| Stage | What happens | What varies |
|---|---|---|
| 1. Invest and file | Capital is committed and the I-526E (regional center) or I-526 (direct) is filed with source-of-funds evidence | Document preparation; USCIS workload; whether the project is rural, which affects processing priority |
| 2. Petition decision | USCIS adjudicates; it may request further evidence | Evidence requests; project and jobs analysis; extra review |
| 3. Visa availability | The applicant waits until a visa is available under the Visa Bulletin for the category and country | Category (set-asides versus unreserved), chargeability country |
| 4. Visa or green card | Consular processing abroad, or adjustment of status in the U.S. if eligible | Embassy or consulate capacity; background checks; medicals |
| 5. Conditional residence | A two-year conditional green card is issued; the family may live and work in the U.S. | Maintaining the investment |
| 6. I-829 | Filed within the 90 days before the second anniversary, to remove conditions | Evidence of job creation; USCIS workload |
| 7. Permanent residence | If approved, conditions are removed | Interviews or evidence requests |
Investment amounts are $800,000 in a TEA and $1,050,000 otherwise (as of October 2026), with 10 full-time jobs per investor.
Stage notes
Petition. The I-526E establishes that your funds are lawfully sourced, that capital is invested at risk, and that the project is expected to create the required jobs. Strong files address source of funds early; see our source of funds documents article.
Visa availability. Approval of the petition and availability of a visa are separate. As of the October 2026 Visa Bulletin, the set-aside categories are current, while unreserved China has a final action date of December 1, 2016. That can change monthly. For how the set-asides work, see the guide.
Entry as a conditional resident. Whether you consular process or adjust status, the green card is conditional for two years. Spouse and unmarried children under 21 can usually be included; children near that age should read the age-out estimator on our tools page.
Sustaining the investment and the I-829. The I-829 asks USCIS to remove the conditions by showing that the investment was sustained and the jobs requirement was met. The filing window is the 90 days before the second anniversary. The USCIS fee for the I-829 is changing from $3,750 to $5,000 under the fee rule effective November 30, 2026 (as of October 2026), and the I-526E fee from $3,675 to $7,850. For wider costs, see our total cost article.
Why timelines vary
- Visa availability depends on category and country, and the Visa Bulletin changes monthly.
- USCIS processing times shift with workload and policy; the DHS proposed rule published July 2, 2026 is only proposed and not final.
- Regional Center authorization currently runs to September 30, 2027, and petitions filed after September 30, 2026 are not grandfathered.
- Project performance can affect job creation and return of capital, and so the I-829.
Confirm current processing information on the USCIS and Department of State websites at the time you plan.
Planning without promised dates
Rather than fixing a calendar, plan in layers. Keep your documents current, because source of funds, civil records and medicals can age out. Keep funds and a contingency available for the period before a visa becomes available. Decide early who will manage correspondence with the project and with counsel. Keep records of the investment and of job-creation evidence from the start, since the I-829 will require them. All information here is as of October 2026.
Next step
To map this path against your own family circumstances, you can use our consultation page.
Frequently asked questions
When do I file the I-829?
In the 90-day window immediately before the second anniversary of becoming a conditional permanent resident. Confirm the exact dates with counsel, because filing outside the window can cause serious problems.
Do I have to keep the investment in place after getting the conditional green card?
Yes. The investment must be sustained through the conditional period until the I-829 is adjudicated, and you must be able to show the required job creation. Follow the terms of your documents and your counsel's advice.
How long does each stage take?
It varies, and USCIS and the Department of State do not guarantee timelines. Visa availability for your category and country, case workload and the completeness of your file all affect the pace.
Sources
General information only, not legal, tax or investment advice. Rules and figures are as of the publication or update date and may have changed.