If you are inside the U.S. on a non-immigrant visa, such as an L-1, H-1B, or E-2, and wish to pursue permanent residency through the EB-5 Immigrant Investor Program, you can file for Adjustment of Status (AOS) to become a lawful permanent resident (green card holder) without leaving the country. This process allows you to transition from your current visa status to permanent residency while remaining in the U.S., provided you meet the eligibility requirements and follow the correct procedure.
We’ll walk you through the AOS process with your EB-5 petition, explaining key steps and important documents, including the Form I-526E that is crucial for EB-5 applicants.
✧ What is Adjustment of Status (AOS)?
Adjustment of Status (AOS) is the process by which an eligible individual who is already in the U.S. can apply to change their status from a non-immigrant (temporary) visa to a lawful permanent resident (green card holder) without having to leave the country. This means that you can continue to live and work in the U.S. while your green card application is pending.
✧ Filing Adjustment of Status with EB-5: Key Requirements
As an individual in the U.S. on a non-immigrant visa, you are eligible to file for Adjustment of Status with your EB-5 petition, provided that you meet the following conditions:
➤ EB-5 Petition Submission:
You must submit Form I-526E (Immigrant Petition by Alien Investor) to demonstrate that you meet the requirements of the EB-5 Immigrant Investor Program, which includes making a qualifying investment and creating or preserving jobs in the S. Unlike other visa categories, approval of your I-526 petition is not required before filing for AOS, though the petition must be pending or approved.
➤ Eligibility for Adjustment of Status:
- You must be physically present in the S. on a valid non-immigrant visa (e.g., L-1, H-1B, E-2, etc.).
- You must not have violated your visa status or overstayed the duration of your authorized stay.
➤ Visa Availability:
Your category under the EB-5 program must have an available The EB-5 program has a limited number of green cards each year, and depending on your country of origin, there may be a waiting period for visa availability due to visa retrogression.
✧ Steps to File Adjustment of Status with Your EB-5 Petition
Once you’ve met the eligibility requirements and are ready to move forward with the Adjustment of Status process, here’s a step-by-step breakdown of the filing procedure:
➤ Submit Form I-526E (Immigrant Petition by Alien Investor)
The first step is to submit Form I-526E to USCIS, which is the official petition for the EB-5 Immigrant Investor Program. This form provides USCIS with detailed information about your investment, including proof that the required investment amount (typically $1 million, or $500,000 in a targeted employment area) has been made and that the business has created or will create the requisite number of jobs.
Note that while the I-526 petition can be pending or approved, you do not need to wait for it to be approved before applying for Adjustment of Status. However, it must be submitted alongside your AOS application.
➤ Submit Form I-485 (Application to Adjust Status)
After submitting your I-526E petition, you can concurrently file Form I-485 (Application to Adjust Status) with USCIS. This form is the core application for your green card. Along with the I-485, you will need to submit several additional documents:
- Form I-864 (Affidavit of Support): This form demonstrates that you can financially support yourself and your dependents in the U.S.
- Form I-765 (Application for Employment Authorization): If you wish to work while your AOS is pending, you can submit this form to request a work permit (Employment Authorization Document or EAD).
- Form I-131 (Application for Travel Document): If you need to travel abroad while your AOS is pending, this form allows you to apply for Advance Parole to re-enter the U.S. without abandoning your AOS application.
- Medical Examination: You must undergo a medical examination by an approved physician and submit the results with your AOS application.
➤ Biometrics Appointment
After your Form I-485 has been submitted, USCIS will schedule a biometrics appointment. During this appointment, they will collect your fingerprints, photograph, and signature for background checks.
➤ USCIS Review and Possible Interview
In most cases, USCIS will review your AOS application based on the documents submitted. However, depending on your case, USCIS may require an interview to verify your eligibility or to address any concerns regarding your application. While interviews are less common for EB-5 applicants, they can be requested in certain situations.
➤ Wait for a Decision
After USCIS has reviewed your I-485 application, they will issue a decision. If everything is in order, you will be approved for conditional permanent resident status, which is typically granted for two years.
