For foreign investors looking to obtain U.S. residency through the EB-5 Immigrant Investor Program, understanding the adjustment of status process and the current demand for EB-5 visas is critical.
During a recent webinar, immigration attorney Belma Demirovic Chinchoy from Iyer Demirovic Chinchoy LLP shared key insights into the EB-5 process, the benefits of adjustment of status, and recent trends in visa demand.
Understanding Adjustment of Status for EB-5 Investors
How Conditional Residence Counts Toward U.S. Citizenship
Avoiding Common Pitfalls
The EB-5 Visa Bulletin and Managing Visa Availability
Act Now to Secure Your EB-5 Visa
Select Webinar Highlights: Adjusting Status With an EB-5 Investment
and Recent EB-5 Visa Demand Trends With Belma Demirovic Chinchoy
Full Webinar: Adjusting Status With an EB-5 Investment
and Recent EB-5 Visa Demand Trends With Belma Demirovic Chinchoy
Understanding Adjustment of Status for EB-5 Investors
One of the most significant benefits of the EB-5 program is the ability to adjust status from a non-immigrant visa to a lawful permanent resident (Green Card) while staying in the U.S. The adjustment of status process is crucial because it allows eligible investors to begin enjoying the benefits of U.S. residency before receiving their official Green Card. These benefits include:
Employment Authorization (EAD)
While filing your adjustment of status application and initial EB-5 form, you can also file for work and travel permits. With an EAD, you can work for any employer in the U.S. You also have the freedom to work for yourself, own a business, or pursue any job without being restricted by visa status.
Travel Authorization (Advance Parole)
Advance parole is a key benefit for investors who wish to travel outside the U.S. while their Green Card application is pending. With advance parole, you can leave and re-enter the U.S. without jeopardizing your Green Card application.
These interim benefits provide investors with greater job flexibility and mobility—freedoms that many visa holders, such as H-1B workers, don’t enjoy. Being tied to a specific employer or location often limits job opportunities. But with employment authorization, investors can freely pursue job opportunities, change employers, or even relocate across the country without the stress of visa renewals or sponsorship.
How Conditional Residence Counts Toward U.S. Citizenship
For EB-5 investors thinking ahead, it’s important to note that time spent in conditional residence (the period before obtaining a permanent Green Card) counts toward the five-year residency requirement for U.S. citizenship. Once you receive your conditional Green Card, the clock starts ticking. This means that your eventual citizenship timeline is not delayed by the conditional residency phase.
Avoiding Common Pitfalls
While adjustment of status provides a clear path to permanent residency, there are potential issues that can arise during the process. It’s not uncommon for USCIS to lose applications or request additional documents long after the petition has been filed. In some cases, USCIS has reported missing application files or exhibits. These issues can cause delays but can often be resolved with proactive action.
To prevent delays, staying on top of your case’s progress and monitoring its status closely is crucial.
The EB-5 Visa Bulletin and Managing Visa Availability
One of the most important aspects of the EB-5 process is keeping an eye on the Visa Bulletin, which lists the availability of immigrant visas. The Visa Bulletin doesn’t always move in a predictable way. Visa numbers often advance slowly, but in some cases, they can make rapid jumps.
What does this mean for potential investors? According to Belma Chinchoy, it means timing is everything. If you’re planning to apply for EB-5, it’s critical to act before visa numbers in your category become limited. If the Visa Bulletin shows a backlog for your country of origin, there may be very little time to get your petition filed before you lose the option to concurrently file for adjustment of status.
Act Now to Secure Your EB-5 Visa
The best advice for potential investors is to start the process early. By planning ahead, you can avoid delays, secure your spot in high-quality projects, and reduce the risk of facing visa backlogs.
In summary, adjustment of status offers immediate benefits that make the EB-5 investment route even more appealing. By working with an experienced attorney, investors can navigate the complexities of the immigration process with confidence and set themselves up for a smoother path to U.S. residency.
EB5AN has helped more than 2,300 families from 70+ countries become lawful permanent residents of the United States. Our team has more than a decade of experience and offers clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS project approval rate.
If you would like to know more about your EB-5 investment options, book a free call with our expert team today.
