In 2024 and 2025, the EB-5 industry is seeing a substantial spike in petition filings and interest in EB-5 immigration. Countries that had shown a moderate demand for EB-5 for years—such as China—are once again producing a high volume of I-526E filings.
For the first time in the program’s history, EB-5 investors can adjust their immigration status upon investing. This allows them to stay in the United States regardless of their previous visa’s requirements. They can also gain work and travel documents in a matter of days or weeks.
EB5AN VP Ahmed Khan explained the reasons behind the spike in EB-5 filings during a recent webinar. To discover why it’s crucial to take advantage of adjustment of status—before this option is no longer available—watch the video excerpt or read the article below.
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Why Adjustment of Status is Beneficial for EB-5 Investors
Growing EB-5 Demand Thanks to Adjustment of Status
Act Quickly to Adjust Your Status
Why Adjustment of Status is Beneficial for EB-5 Investors
Adjustment of status is for EB-5 investors already in the U.S. on a valid visa. It allows them to change their visa status to a Green Card without leaving the country. This option can save significant time and hassle compared to consular processing, especially for applicants from countries like China and India, where high demand can result in lengthy delays just to schedule an appointment.
To qualify for adjustment of status, individuals need to be in the U.S. and in valid visa status. Many types of visas are eligible, such as B-1 visitor visas, F-1 student visas, H-1B employment visas, and E-2 investor visas. Even individuals on less common visas, like Canadian TN or diplomatic visas, may qualify. If someone has recently fallen out of status, they might still be eligible for adjustment under the EB-5 program, thanks to provisions in the EB-5 Reform and Integrity Act of 2022.
Once the adjustment of status application is filed, the benefits start almost immediately. The applicant’s status changes to “adjustment pending” as soon as USCIS receives and receipts the application. This status allows them to remain in the U.S. legally, even before receiving an employment authorization document (EAD) or travel authorization. For example, someone on an H-1B visa who files for adjustment of status and later loses their job can stay in the U.S. as long as their adjustment application is pending, even if they don’t yet have work authorization.
This flexibility is especially helpful for individuals who might experience gaps in employment or want to pursue different opportunities while awaiting their Green Card. It’s also a critical benefit for families with children in school, as it ensures continuity during the waiting period. People can maintain their presence in the U.S. without worrying about their visa status expiring.
Growing EB-5 Demand Thanks to Adjustment of Status
The EB-5 visa program has seen a significant increase in demand over the last couple of years. From 2023 to 2024, filings nearly doubled, reflecting a 90% increase. Several factors contributed to this surge. First, the EB-5 program regained stability after a period of uncertainty during the COVID era.
Additionally, approval rates for EB-5 applications have improved substantially. Many early applicants under the revised program have received their work permits, travel permits, and Green Cards, some as early as 2024. Success stories and testimonials from these EB-5 investors have built confidence in the program.
(We invite you to watch our investor interview series, which includes several interviews with EB-5 applicants who successfully adjusted their status and gained work and travel documents.)
USCIS has also prioritized clearing backlogs and issuing visas more efficiently. In 2024, a noticeable increase in approvals was seen, not just for post-RIA filings but also for older applications submitted before the act. This progress benefits all applicants, as quicker processing reduces visa waste and shortens waiting times. For example, backlogs that have long affected Chinese nationals are beginning to ease, encouraging new investors to participate.
The improved processing times and reduced backlogs are vital for the program’s success. Each approval represents a positive outcome for an investor and their family, which helps build momentum. Prospective applicants are more likely to invest when they see tangible results and hear about others achieving their Green Cards through the program.
Act Quickly to Adjust Your Status
The recent changes and successes—especially adjustment of status—have made the EB-5 program a more attractive option for individuals seeking permanent residency in the U.S. The combination of increased demand, higher approval rates, and a more streamlined process demonstrates the program’s potential for long-term growth.
However, with backlogs coming for Chinese and Indian investors, the window for adjusting status is closing.
To learn more about how to secure your career in the United States, schedule a free consultation with EB5AN. We can help you get a head start on the process and file for adjustment of status while this option is still available.
