Questions and Answers > EB-5 Requirements

What is the guidance for I-485 filing for existing EB-5 investors with pending i-526?

We have a pending i-526 application. Our lawyer wants to wait for guidance from USCIS. We are from India and want to file sooner rather than later ( I don''t want to take a chance with retrogression). Just want to get thoughts on the approach other attorneys are taking for clients in similar situation?

Answers

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on May 31, 2022

  While more guidance would be good, there is no reason to wait. USCIS has already published the address where these must be submitted.

• Lynne Feldman

  Immigration Attorney

  Answered on May 23, 2022

  We are filing now for our eligible clients.

• Phuong Le

  Immigration Attorney

  Answered on May 16, 2022

  We have filed since March without issues.

• Dennis Tristani

  Immigration Attorney

  Answered on May 16, 2022

  You should proceed with your adjustment of status filing based on your pending I-526 petition. USCIS is issuing receipt notices for I-485s filed based on a pending I-526 RC petition - there is no reason to wait at this point in time.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on May 16, 2022

  There has been no guidance from USCIS.

• F Oliver Yang

  Immigration Attorney

  Answered on May 16, 2022

  You should be able to file I-485 as an India-born EB-5 applicant. In my opinion the new EB-5 legislation is very clear on this point and there is no need to wait for additional guidance.