Adjustment of Status and Recent EB-5 Visa Demand—Webinar With Immigration Attorney Dennis Tristani

For many individuals looking to secure U.S. permanent residency through the EB-5 Immigrant Investor Program, understanding the intricacies of the adjustment of status process is vital. In a recent webinar, Dennis Tristani, managing attorney of Tristani Law, LLC, discussed key factors affecting EB-5 investors, particularly those from countries facing significant visa backlogs, such as China and India. He explained the numerous advantages of adjusting status from within the U.S., how to navigate recent changes in visa demand, and the importance of timely and accurate filing.

This article outlines the major points discussed in the webinar, providing prospective EB-5 investors with actionable insights into the process of adjusting status and staying ahead of shifting EB-5 visa demand.

Select Webinar Highlights: Adjusting Status With an EB-5 Investment &
Recent EB-5 Visa Demand Trends With Dennis Tristani, Esq.

Full Webinar: Adjusting Status With an EB-5 Investment &
Recent EB-5 Visa Demand Trends With Dennis Tristani, Esq.

What Is Adjustment of Status?

Adjustment of status (AOS) refers to the process through which an individual living in the United States under a valid visa changes their immigration status to permanent resident (Green Card holder) without having to leave the country.

One of the main reasons many EB-5 investors prefer AOS over consular processing (attending an interview at a U.S. consulate abroad) is the convenience and efficiency it offers. For those already residing in the U.S., AOS eliminates the need to travel back to their home country for an interview, which can be time-consuming and disruptive. It also provides greater flexibility for families looking to secure Green Cards while remaining in the U.S.

Key Benefits of Adjustment of Status

Below are some key benefits of adjustment of status:

Open Work Authorization (EAD)

One of the most significant advantages of AOS is the opportunity to obtain an Employment Authorization Document (EAD). This open work permit allows investors and their family members to work for any employer, be self-employed, or work part-time or full-time in the U.S. This flexibility is particularly valuable for investors who do not wish to be tied to a specific employer under a temporary visa (e.g., H-1B or L-1). If the investor has an EAD, they may also be able to secure a Social Security Number (SSN), which is crucial for things like opening bank accounts and applying for loans or mortgages.

Advance Parole for Travel

Another important benefit of AOS is the ability to apply for Advance Parole, which allows individuals to travel outside the U.S. and return without jeopardizing their pending Green Card application. It is particularly valuable for those with expired visas or who have experienced delays in obtaining a new visa. This flexibility can be especially important for investors facing long waiting times for visa stamping in their home countries.

Locking in Child’s Status

A critical consideration for families with children is the impact of visa backlogs. Children of EB-5 investors may be affected by age restrictions and visa cut-off dates. If a child turns 21 before the immigration process is complete, they may “age out” of the application process. However, if the investor files for an EB-5 Green Card before the child turns 21, they can “lock in” the child’s status for the entire duration of the immigration process. This is particularly important for investors from countries like China and India, where visa backlogs are expected to continue.

The Impact of Recent EB-5 Visa Demand

There are growing concerns about visa backlogs and the potential for lengthy wait times for EB-5 applicants, especially for applicants from countries like China and India.

Prospective EB-5 investors must carefully monitor the U.S. Department of State’s Visa Bulletin to determine if their priority date is current. This is the date on which they can file their adjustment of status application or proceed with consular processing.

Timing and Filing Strategy

Given the increase in EB-5 visa demand, timing is critical for investors. In order to take advantage of a visa being available, investors must file their AOS applications within the month the Visa Bulletin indicates their priority date is current. Filing too late could result in missing the opportunity to adjust status at that time, and the wait could stretch even further due to the backlog.

One of the challenges investors face is ensuring that all required documents, including medical exams, are submitted with their AOS application. USCIS now requires the medical exam to be included at the time of filing, not as a response to a Request for Evidence (RFE) later on. This change can cause delays, as some medical exams require longer waiting times, particularly in areas with fewer qualified providers.

The Role of Experienced Legal Representation

Through each stage of the EB-5 process, working with an experienced EB-5 immigration attorney who is well-versed in the latest USCIS adjudication trends, policy changes, and the nuances of the visa process is crucial. A skilled attorney will ensure that your petition is filed correctly, minimizing the risk of errors or delays that could derail the process.

Moreover, having an attorney who is familiar with the common pitfalls of EB-5 applications can be a huge advantage. For example, USCIS and other government agencies often make administrative errors, such as failing to update case statuses or encountering technical difficulties with receipt numbers. A knowledgeable attorney can quickly address these issues and keep the process moving smoothly.

What to Expect in the Future

With the ongoing changes in EB-5 visa demand, particularly due to the recent surge in applications from countries with large EB-5 applicant pools, it is crucial for investors to stay informed. The continued reliance on visa availability, the tightening of requirements for medical exams, and the unpredictable nature of visa cut-off dates mean that timing is everything.

For investors, EB5AN’s webinar with Dennis Tristani provided clear advice: prepare early, file on time, and work closely with a trusted attorney to ensure all paperwork is submitted correctly. Doing so can help avoid the risk of delays and ensure a smooth path to obtaining U.S. permanent residency through the EB-5 program.

EB5AN Can Help You Get Started

As the EB-5 program continues to evolve, understanding the intricacies of adjustment of status and staying ahead of the shifting demand for EB-5 visas is more important than ever.

However, with growing visa demand and expected backlogs, timely filing and careful planning are key. As Dennis Tristani outlined, working with an experienced EB-5 attorney can make all the difference in navigating this complex process successfully.

For prospective EB-5 investors, staying informed and proactive about visa cut-off dates, documentation requirements, and legal representation will be crucial in securing a Green Card for themselves and their families.

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.