Understanding the EB-5 Path to U.S. Citizenship
The Big Picture: From EB-5 Investment to Passport
The EB-5 program provides a direct route to U.S. permanent residency and ultimately citizenship:
File I-526E (or I-526) based on a qualifying EB-5 investment
Obtain a two-year conditional green card
File I-829 to remove conditions at 21 months
Receive a 10-year permanent green card after I-829 approval
Apply for U.S. citizenship 5 years after conditional residency begins
While actual processing times can vary, the legal eligibility for citizenship is driven by when conditional residency starts—not by when the conditions are removed.
New to EB-5? Read our EB-5 Visa Investment Guide here.
Step 1: From EB-5 Petition to Conditional Green Card
I-526E Approval and the Grant of Conditional Residency
The journey begins when an investor files Form I-526E (or I-526 under older rules) based on an eligible EB-5 investment. Once USCIS approves the petition, the investor becomes eligible for a two-year conditional permanent resident green card.
There are two main paths:
Consular Processing (Investor Outside the U.S.) After I-526E approval, the investor and qualifying family members complete immigrant visa processing at a U.S. consulate. Upon entry into the United States with the immigrant visa, they become conditional permanent residents, and the five-year citizenship clock starts.
Adjustment of Status (Investor Inside the U.S.) If the investor is already in the U.S. in valid non-immigrant status and the EB-5 category is “current” on the Visa Bulletin, they may file Form I-485 to adjust status. In many cases, this can be done while the I-526E is still pending. Once the I-485 is approved, the investor receives a conditional green card, and again, that approval date starts the five-year naturalization clock.
Green Card Benefits During the Conditional Period
From the moment conditional residency starts, the investor and their qualifying dependents enjoy the full benefits of a U.S. green card, including:
The right to live, work, and study anywhere in the United States
Access to in-state tuition in many public universities (subject to state rules)
The ability to travel in and out of the U.S. with a valid green card
The ability to begin counting time toward U.S. citizenship
Read our full list of the most frequently asked questions from our EB-5 clients.
Step 2: Filing Form I-829 to Remove Conditions
When Can an EB-5 Investor File I-829?
The conditional green card is valid for two years, but USCIS allows investors to file Form I-829 within a specific window:
The I-829 may be filed starting 21 months after conditional residency begins
It must be filed before the two-year conditional period expires
The purpose of the I-829 is to demonstrate that:
The required capital was invested and remained at risk for the necessary period
The EB-5 project created (or will create within a reasonable period) the required number of jobs
Status While I-829 Is Pending
Once the I-829 is properly filed, the investor’s status as a lawful permanent resident continues, even if USCIS takes additional time to adjudicate the petition. During this time:
The investor remains a permanent resident
They can live, work, and travel as usual
They can continue accruing time toward the five-year citizenship requirement
Importantly, an investor does not need I-829 approval to start or complete the five-year naturalization period, as long as they have maintained lawful conditional/permanent resident status and the I-829 remains pending in good standing.
View our currently available EB-5 projects here.
Step 3: Receiving the 10-Year Permanent Green Card
What Happens After I-829 Approval?
When USCIS approves the I-829, the investor:
Has the conditions removed from their residency
Receives a 10-year permanent resident card
Although the card itself is valid for ten years, the underlying status is essentially permanent. Like a passport or driver’s license, the physical card must be renewed periodically, but the status remains in place as long as the investor does not abandon residency or become otherwise ineligible.
Does the 10-Year Green Card Change the Citizenship Timeline?
No. The 10-year permanent green card does not reset or restart the clock for U.S. citizenship. The five-year naturalization timeline is still counted from the date conditional residency first began.
Step 4: When EB-5 Investors Can Apply for U.S. Citizenship
Citizenship Eligibility: The Key 5-Year Rule
Under U.S. law, most permanent residents—including EB-5 investors—may apply for naturalization after five years of permanent residency. For EB-5 investors:
The five-year period starts on the date the conditional green card was granted
It does not start on the date the I-829 is approved
In many cases, an investor may become eligible to apply for citizenship while the I-829 is still pending, as long as they filed it on time and remain in lawful resident status
Other Naturalization Requirements
In addition to the five-year residency rule, EB-5 investors must also meet standard naturalization requirements, including:
Physical presence in the U.S. for at least half of the five-year period
Continuous residence, avoiding long or frequent trips that could suggest abandonment of residency
Demonstrating good moral character
Passing English language and civics (U.S. history and government) exams, unless eligible for an exemption
Your EB-5 immigration attorney can advise on the exact timing of filing the N-400 application and how your travel history or absences from the U.S. may affect eligibility.
EB-5 Citizenship Timeline Summary
Step-by-Step Milestones
Here is a simplified view of how EB-5 leads to U.S. citizenship eligibility, from the perspective of timing:
Day 0: File I-526E based on a qualifying EB-5 investment
I-526E / I-485 Approval: Receive a two-year conditional green card (Citizenship clock starts here)
Month 21: Eligible to file I-829 to remove conditions
Year 2: Conditional green card expires, but status continues if I-829 was properly filed
I-829 Approval: Receive a 10-year permanent green card
Year 5 (from conditional green card date): Eligible to apply for U.S. citizenship (naturalization), assuming all other criteria are met
For many investors, the big takeaway is this:
You do not have to wait 2 years + 5 years. In most cases, you can apply for citizenship approximately five years after you first receive your conditional green card, even if your I-829 is still pending.