Form I-485: Where to File It and More for EB-5 Investors

For decades, the EB-5 Immigrant Investor Program has been a reliable way for foreign nationals to become lawful permanent residents of the United States.

Understanding Form I-485, Application to Register Permanent Residence or Adjust Status, is a crucial part of the EB-5 visa process. A form approved by United States Citizenship and Immigration Services (USCIS) means the investor can change their immigration status to conditional permanent resident and receive a Green Card.

The entire EB-5 process may take several years depending on the type of the EB-5 project and the applicant’s nationality. To save time, the typical investor who is located in the United States will file their I-526/I-526E immigrant petition concurrently with their Form I-485.

Sending it to the right location is another important way to avoid processing delays.

In this article, we will explain where to mail Form I-485, what it is, and how to fill it out.

Where to File Your I-485

If you are an EB-5 investor filing concurrently with your Form I-526/I-526E, then mail your I-485 form to the address below that matches your preferred delivery service.

Let’s take a closer look at this important form and some best practices to follow in filling it out and getting it to the right place.

What Is Form I-485?

The approved Form I-485—sometimes called an application for adjustment of status—changes an EB-5 investor’s immigration status from temporary visa holder to conditional permanent resident. This is also known as becoming a Green Card holder.

With additional approvals, the EB-5 investor can be authorized to work and travel outside of the country while the application is being processed.

Who Can File Form I-485?

Generally, a qualified foreign national who is physically present in the United States—and has a U.S. address—uses Form I-485 to apply for U.S. permanent residency status.

In the case of EB-5 investors, they can file a Form I-485 if they are physically present in the U.S. and meet the following requirements:

• Making an investment that will create at least 10 full-time jobs for U.S. workers.
• Getting approval of their immigrant petition (Form I-526 or I-526E).
• Having an available visa number, per the USCIS Visa Bulletin.
• Having no record of entering the United States unlawfully.
• Not being subject to grounds of inadmissibility without a waiver.

We at EB5AN focus on advising clients on the pathway to lawful permanent resident status for EB-5 investors, though it is possible for someone who is a religious worker, international broadcaster, international organization employee, or who belongs to another immigrant category to adjust status as well.

Why Is Form I-485 Important for EB-5 Investors?

Filing Form I-485 is a key step in the EB-5 immigration process.

By making a qualifying investment in a new commercial enterprise in the United States, a foreign national and their eligible family members can receive Green Cards. As lawful permanent residents, they can work and travel more freely. Later on, they can also apply for U.S. citizenship.

Without an approved I-485, none of this is possible for the EB-5 investor.

Form I-485 is also important to USCIS. The biographic information provided helps to inform the agency’s decision on whether to approve applicants for lawful permanent resident status.

An EB-5 investor should work with an experienced immigration attorney in filling this form out to avoid mistakes that could result in a processing delay or rejection.

Form I-485: Where to File It and More

Submitting Form I-485 cannot be done online at this time.

You also cannot simply walk up to or mail in your application to any USCIS facility, such as the USCIS Texas Service Center, and expect to get approved.

Instead, an applicant must mail a hard copy of the petition to a designated USCIS lockbox. Lockboxes make preliminary decisions on applications based on whether the correct filing fees were enclosed. At the time of writing, the filing fee for an individual EB-5 investor is $1,440.

As previously mentioned, EB-5 applicants should send their I-485s by mail or courier service to the address below that corresponds to their desired delivery service. Since addresses may change from time to time, be sure to review the list of USCIS direct addresses to confirm the information remains accurate before you file your Form I-485.

Form I-485 Mailing Addresses for EB-5 Investors

USCIS Dallas Lockbox

U.S. Postal Service (USPS)

USCIS
Attn: I-526/E
P.O. Box 660168
Dallas, TX 75266-0168

FedEx, UPS, and DHL Deliveries

USCIS
Attn: I-526/E (Box 660168)
2501 S. State Highway 121 Business
Suite 400
Lewisville, TX 75067-8003

Other Form I-485 Mailing Addresses

Note that the correct filing address varies between I-485 applicants. For example, U nonimmigrant status and Violence Against Women Act (VAWA) self-petitioners will use the following addresses instead:

USCIS Nebraska Service Center

U.S. Postal Service (USPS)

USCIS
P.O. Box 87426
Lincoln, NE 68501-7526

FedEx, UPS, and DHL Deliveries

USCIS
Attn: 485U VAWA
850 S St.
Lincoln, NE 68508-1225

If you are an eligible immediate relative of a U.S. citizen with an approved Form I-130, a qualifying Cuban principal applicant eligible under the Cuban Adjustment Act, or a former diplomat filing Form I-485 under Section 13 of the Immigration Act of 1957, you should mail your application to one of the addresses below:

USCIS Chicago Lockbox

U.S. Postal Service (USPS)

USCIS
P.O. Box 805887
Chicago, IL 60680-4120

FedEx, UPS, and DHL Deliveries

USCIS
Attn: FBAS
131 South Dearborn – 3rd Floor
Chicago, IL 60603-5517

What to Do After Submitting Your Application

Fill out Form G-1145, E-Notification of Application/Petition Acceptance if you would like to get an email or text message alert that indicates the USCIS lockbox received your application.

Note that if you filed at a USCIS lockbox, you will not receive an Alien Registration Number (A-Number) on your Form I-797, Notice of Action, right away. USCIS generally sends a second notice with the A-Number a few days later.

After submitting the form and getting initial approval from a USCIS lockbox facility, the applicant typically must also participate in at least one in-person meeting.

Let’s consider each step of the I-485 application process in greater detail.

The I-485 Process: Step by Step

The major stages of filing Form I-485 are as follows:

1. Confirm visa availability: Make sure a visa is available in your eligibility category, as shown on the USCIS Visa Bulletin.
2. Obtain the form and review instructions: Look up and fill out the latest version of Form I-485, using the USCIS website. Be sure to study the filing instructions closely.
3. Gather supporting documentation: Gather extensive supporting documentation (copies of your Form I-526/I-526E immigrant petition, birth certificate, marriage certificate, divorce certificate, passport, passport photos, criminal history documentation, medical records, etc.).
4. Know where to file: Look up the correct mailing address using the USCIS Direct Filing Addresses page.
5. File Form I-485 and Form I-526/I-526E concurrently: You no longer have to wait for USCIS approval of Form I-526/I-526E before filing Form I-485. Submitting both at the same time can speed up the adjudication process.
6. Save acknowledgment: USCIS should send you Form I-797C, Notice of Action, within a month of your submission. Save the receipt notice and your assigned 10-digit number to track the status of your case more easily.
7. Participate in biometrics appointment and interview: USCIS will probably contact you a couple of months after your submission to arrange your biometrics appointment, where it will take your fingerprints, signatures, and photos. The agency may schedule an interview as well.
8. Get work and travel approvals: To continue working and traveling while your Form I-485 awaits adjudication, file a couple of additional forms. An approved Form I-765 means you can get an employment authorization document that allows you to work for an employer that requires a work permit. Requesting premium processing of this form is possible, for an additional fee. An approved Form I-131, Application for Travel Document, means you can temporarily travel outside the United States.

How Long Does It Take to Process Form I-485?

Changing your immigration status is a big step. Many I-485 applicants wait several years to become lawful permanent residents.

Processing times between applicants vary for reasons including the immigration category of the application, the accuracy and completeness of documents submitted, and different workloads of local USCIS offices.

For example, USCIS decides on 80% of employment-based I-485 filings submitted to the USCIS Texas Service Center within about 40 months. However, it adjudicates 80% of employment-based I-485 applications filed with the USCIS Nebraska Service Center in only 16 months—a far shorter wait time.

What Should You Do After I-485 Approval?

After becoming a conditional permanent resident, you must file an I-829 petition during the last 90 days of the two-year conditional period. Approval of the I-829 will make you a U.S. permanent resident without conditions.

This is the last step for a foreign national who seeks permanent residency under the EB-5 program.

Reminders and More Tips for a Smooth I-485 Experience

To avoid excessive delays, make sure you do the following:

• Start preparing supporting documents early.
• Meet all eligibility criteria to adjust status.
• Use the latest version of Form I-485.
• Read and carefully follow all filing instructions.
• Answer questions fully and correctly.
• Make sure your responses are typed or written in black ink.
• Attach supporting documents and the correct filing fee.
• Study this checklist of evidence from USCIS.
• Work with an experienced immigration attorney.
• Fill out and enclose Form I-693, Report of Immigration Medical Examination and Vaccination Record.
• Submit Form I-485 and Form I-526/I-526E concurrently.
• Reply to all questions from USCIS quickly.
• Keep copies of everything submitted.

For Help with I-485 and More, Contact EB5AN

Mailing Form I-485 to the correct address is an important part of the EB-5 visa process.

However, there is far more to understand and complete to ensure you and your family members are granted lawful permanent residence status in the United States.

In order to increase your odds of approval, it helps to work with a team of professionals with a strong track record of success.

EB5AN has helped more than 2,300 families from 60 countries relocate to the United States as lawful permanent residents. Please book a free call with our expert team today to learn more.