What is adjustment of status for an EB-5 visa?

An I-485 Application for Adjustment of Status is the actual green card application. The application is filed once the EB-5 petition approved. Applicants currently in the U.S may apply for Adjustment of Status, those outside of the U.S. process through a U.S. embassy or consulate abroad. Adjustment of Status applicants are eligible to receive work and travel authorization while their application is pending with USCIS.

After U.S. Citizenship and Immigration Services approves the I-526 petition, the foreign national investor, their spouse, and children under 21 years old can file immigrant visa applications or applications to adjust status to permanent residence. If the foreign national investor and his family members are living in the United States in legal status, then they must apply to adjust status to permanent residence with U.S. Citizenship and Immigration Services. The adjustment of status filing must include appropriate forms completed properly, appropriate supporting documents, and the results of a medical exam conducted by an approved physician. The adjustment of status application addresses whether there are grounds that make the foreign national ineligible to become a U.S. permanent resident. If U.S. Citizenship and Immigration Services approves the application to adjust status, then the foreign national investor and his or her family members become conditional U.S. permanent residents.

If you are in the United States on a nonimmigrant visa or in valid nonimmigrant visa status and your I-526 petition is approved, you are eligible to file an application for adjustment of status to that of intending immigrant and wait for an interview for your conditional immigrant visa status.

If an investor is in the US under lawful status, they may adjust to status to that of permanent resident after their EB-5 visa has been approved. Those individulas outside the US, will need to go through consular processing after their EB-5 visa is approved.