EB-5 FAQ: Should you concurrently file your I-526 & I-485 Applications

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

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.

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I-526 Form: Immigrant Petition by Alien Entrepreneur

The form is used by an entrepreneur to petition U.S. Citizenship and Immigration Services (USCIS) for status as an immigrant to the United States under section 203(b)(5) of the Immigration and Nationality Act (INA), as amended.

You may file this petition for yourself if you have invested or are actively in the process of investing the required investment amount in a new commercial enterprise (NCE):

1. In which you will engage in a managerial capacity through day-to-day managerial control or policy formulation;
2. Which will benefit the U.S. economy; and
3. Which will create full-time employment in the United States for at least 10 U.S. citizens, lawful permanent residents, or other immigrants lawfully authorized to be employed in the United States, other than yourself, your spouse, or your sons or daughters.

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I-485 Form: Application to Register Permanent Residence or Adjust Status

Form I-485 is used by a person in the United States to apply for lawful permanent resident status. This is often informally referred to as applying for a “green card.” Foreign nationals in the U.S. on non-resident visas and whose priority date is current are eligible to file Form I-526 and concurrently apply for adjustment of status.

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Why you should file concurrently

The benefit of concurrent filing is that it allows EB-5 investors lawful permanent resident status while awaiting adjudication of their I-526 petitions. Concurrent filing lifts visa restrictions, allowing foreign nationals to freely live, work and study in the U.S.

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