Key considerations when an EB-5 investor files an I-485 to adjust status in the U.S.

  • Written by GCBI Team Posted on August 14, 2020 | Updated on November 16, 2020 | 2 min read

Immigration lawyer Joesph Barnett says there are five things an EB-5 investor living in the U.S. should know about filing an I-485 to receive conditional permanent residency. Key points include: U.S. Citizenship and Immigration Services (USCIS) will look for misrepresentations or inconsistencies between a current I-485 and prior applications; an investor is not allowed to file an I-485 if they have had any unauthorized employment — even for just a single day.

An EB-5 investor living in the U.S., perhaps as a student or working, may be eligible to stay in the country and get a conditional Green Card by an Adjustment of Status; this is done with the approval of a Form I-485. Immigration lawyer Joseph Barnett of Wolfsdorf Rosenthal, has five key considerations for EB-5 investors who wish to do so.

  1. A visa must be available. And an investor’s priority date must be “current” according to the Visa Bulletin. A priority date marks the time USCIS received an I-526 petition. At the time of this writing all countries except for China and Vietnam have visas available.  
  2. No misrepresentations or inconsistencies with previous applications. The immigration agency will likely cross-check a current Form I-485 and previous immigration applications. Barnett advises that this is of particular importance to investors who recently entered the U.S.
  3. Maintenance of lawful status. Applicants, in general, must have maintained lawful status since entering the U.S. 
  4. Only authorized employment in the U.S. Any unauthorized work in the country, even for as little as a single day, can prevent I-485 approval. While other employment-based categories offer exceptions, EB-5 applicants must comply strictly with this rule. Barnett notes that leaving the country and reentering prior to filing an I-485 does not change compliance with this condition.
  5. Conditional permanent residents must comply with INA 216 or 216A to remove conditions on their status, as a general rule. 

Read Wolfsdorf Rosenathal lawyer Joseph Barnett’s article