As everyone knows, immigrating to the United States and obtaining U.S. permanent residency generally consists of two stages: the first stage is the immigration application, which involves submitting immigration application materials, such as the I-526 application submitted by EB-5 investors and obtaining approval; the second stage is obtaining green card status, which falls into two scenarios: if the applicant is outside the United States, they apply for an immigration visa through the consulate and enter the United States within the validity period of the immigration visa to receive a green card; if the applicant is inside the United States, they adjust their status by submitting an I-485 application, and upon approval of the I-485, they will receive a green card. This means that investors must wait until the I-526 is approved before they can submit the I-485 adjustment of status application.
Excitingly, the new EB-5 legislation allows eligible investors to submit the I-485 adjustment of status application at the same time as the I-526 application. So what conditions must be met to submit the I-485 application concurrently without waiting for I-526 approval?
The EB-5 application has no waiting period or the waiting period has arrived
The applicant must have entered the United States under a non-immigrant visa
Submit within the authorized stay period in the United States
Continuously maintain lawful status consistent with the non-immigrant visa
No criminal record
Pass a health examination
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Simultaneously, when submitting the I-485 application, the applicant can also apply for travel permission (I-131) and work permission (I-765). Once approved, they can work freely in the United States and travel in and out. The applicant and their spouse can work legally, children can attend local public schools, and they can also apply for local state government medical insurance, enjoying most of the conveniences of life as U.S. residents.
For investors, if the applicant is eligible for an immigration category with no waiting period, and the applicant is in the United States and meets the relevant conditions, they can submit the I-485 adjustment of status application simultaneously with the immigration application, thus allowing them to live and work in the United States more quickly. For example, the TEA high unemployment area project under the EB-5 reserved category is currently in a no-waiting period status.
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