If you are on an H-1B, F-1, E-2, or another temporary U.S. visa, you need to fulfill a number of requirements to stay in the United States with your family. If, for example, you lose your H-1B-sponsored job, you may have only 60 days to leave the country.
However, EB-5 investors currently have an unprecedented—and temporary—opportunity to immediately adjust their immigration status. This allows them to remain in the United States with their families regardless of their previous visa’s requirements.
In a January 2025 webinar, EB5AN vice president Ahmed Khan explains how adjustment of status can allow you to remain in the United States and the best practices to keep in mind.
To help you secure your long-term career and future in the United States, we invite you to watch the webinar excerpt or read the article below.
Watch the Full Webinar
How Adjustment of Status Works
Adjust Status and Gain Immediate Benefits
Benefits of Adjusting Status for H-1B and Other Non-Immigrant Visas
Learn More About Adjusting Status
How Adjustment of Status Works
Adjustment of status allows individuals already in the U.S. under a valid visa to change their status to that of a Green Card holder.
This option is not available to applicants residing outside the U.S., who must go through consular processing.
In the consular route, the applicant’s case is forwarded to the National Visa Center (NVC) after the approval of the I-526E petition. The NVC collects fees and then transfers the case to the U.S. consulate in the applicant’s home country. The final step involves an in-person interview at the consulate, after which the visa is issued, allowing the applicant to enter the U.S. and receive their Green Card.
For those already in the U.S., adjustment of status is a more direct path that avoids some of the common challenges of consular processing. High-volume consulates in countries like China and India often experience significant delays in scheduling interviews, leading to long waiting times. By choosing an adjustment of status, applicants bypass these delays and gain several immediate benefits while awaiting Green Card approval.
Eligibility for adjustment of status requires being in the U.S. on a valid visa. These visas can include categories such as B-1 for visitors, F-1 for students, H-1B for workers, L visas for intracompany transferees, and E-2 for investors. Other categories, like TN for Canadians and diplomatic visas, may also qualify. Even individuals who have recently fallen out of status may still be eligible under provisions introduced by the Reform and Integrity Act of 2022. Consulting an immigration attorney is essential to determine eligibility based on individual circumstances.
Adjust Status and Gain Immediate Benefits
Once an adjustment of status application is filed, the applicant’s status immediately changes to “adjustment pending” upon receipt of the application by USCIS. This status allows the applicant to remain in the U.S. even if their previous visa circumstances change. For example, an H-1B visa holder who is laid off after filing for adjustment of status can remain in the U.S. despite no longer having work authorization.
This provision is particularly valuable for applicants with children in school, those navigating layoffs, or those transitioning between jobs. It provides stability and flexibility for individuals and families as they wait for the finalization of their Green Card applications. Applicants are not required to maintain their original visa status as long as they have filed for adjustment of status and have received the receipt notice from USCIS.
One of the major benefits of adjustment of status is the issuance of employment authorization documents (EADs) and advance parole (AP) travel documents. In 2023, USCIS updated its rules to issue EADs and APS with an initial validity of five years. These documents allow applicants to work and travel while their Green Card applications are pending.
These benefits can be extended indefinitely in five-year increments until the Green Card is granted. Even if the Green Card process takes over a decade, the applicant and their family can continue renewing their EADs and advance parole as needed.
The EAD and AP cover the applicant’s immediate family, including their spouse and children. While young children who are too young to work would not receive EADs, all eligible family members included in the application gain the ability to work and travel.
For many applicants, especially those from rural areas or other priority categories, the five-year validity of the EAD and AP often overlaps with the expected timeline for Green Card issuance. However, in cases involving backlogs or unexpected delays, these benefits provide a reliable bridge from the filing of the adjustment of status application to the final receipt of the Green Card.
Benefits of Adjusting Status for H-1B and Other Non-Immigrant Visas
Those considering adjustment of status should consult an immigration attorney to understand the specific requirements for their visa category. Attorneys can provide guidance on timelines and strategies to ensure that actions, such as filing for adjustment of status, don’t raise red flags.
Filing too soon after re-entering the U.S. or taking certain steps prematurely may lead to questions about the individual’s original visa intent.
Each visa category has distinct rules and limitations, but they all impose some form of restriction. For instance, the B-1 and B-2 visas are among the most restrictive, allowing only minimal business-related activities, such as checking emails for a foreign employer. Substantial work on U.S. soil is prohibited.
For F-1 visa holders, restrictions depend on the stage of their visa. During Curricular Practical Training (CPT) or Optional Practical Training (OPT), employment is limited to specific employers and timeframes. For example, STEM graduates may work under OPT for up to three years, while non-STEM graduates are limited to one year. An EAD removes these constraints, allowing broader employment opportunities without the need to match employment strictly to the field of study or a specific employer.
The E-2 visa similarly restricts work to either the visa holder’s own business or a business owned by someone of the same nationality. Essential employees under an E-2 visa can only work for the specified business. An EAD removes these barriers, enabling individuals to work anywhere, own multiple businesses, or switch employers.
H-1B and L-1 visas, though more flexible, still come with their own limitations. H-1B holders can only work for approved employers and are subject to prevailing wage requirements, which may limit salary growth over time. L-1 visa holders are tied to specific employers and face limits on their stay—seven years for L-1A and five years for L-1B. The EAD eliminates these restrictions, allowing for greater flexibility in employment and reducing risks related to immigration status, such as falling out of status due to job changes or visa lottery issues.
Adjustment of status also offers a critical safety net by allowing visa holders to remain in the U.S. without interruption. Non-immigrant visas often have strict time limits—six years for H-1B, two years for E-2 (renewable), and three years for STEM OPT. When these limits are reached, adjustment of status provides an alternative to leaving the country, ensuring continuity in both residency and employment opportunities.
Learn More About Adjusting Status
EB-5 investors may only have a few short months left to adjust their status before EB-5 visa backlogs begin. To learn the best practices for adjusting your status and securing your future in the United States, schedule a free consultation with EB5AN.
