Adjustment of Status and Recent EB-5 Visa Demand—Webinar With Immigration Attorney Anu Nair

The following article is based on our February 2025 webinar featuring immigration attorney Anu Nair from Klasko Immigration Law Partners.

In this webinar, she shared critical insights into the adjustment of status process and the current EB-5 visa demand.

This article highlights key takeaways from the webinar, focusing on how these developments impact potential investors.

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What Is Adjustment of Status?

Adjustment of status is the process through which an individual in the U.S. applies for permanent residency without having to leave the country. For EB-5 investors, adjustment of status allows them to change their immigration status to that of a lawful permanent resident once their EB-5 petition (Form I-526E) is approved. This process is pivotal for those looking to remain in the U.S. during their Green Card application, especially if they are already in the country on a temporary visa.

One of the major benefits of filing for a Green Card via the EB-5 route is that it offers a legal basis for staying in the U.S. as long as the application remains pending. This option is especially crucial for individuals in temporary visa categories like H-1B, L-1, and F-1, who may be at risk of losing their status due to layoffs or expiration of their current visa.

If an EB-5 investor’s visa status expires or is terminated, the investor can still stay in the U.S. as long as their I-485 application is in process. In this way, concurrently filing for a Green Card provides security, allowing investors to remain in the U.S. without being forced to leave while waiting for their Green Card approval.

The Importance of Work and Travel Authorization

When filing for adjustment of status, EB-5 investors also have the option to apply for work and travel authorization. This is particularly important if the applicant has lost their prior work visa status (e.g., H-1B or L-1), which would normally allow them to continue working in the U.S. under specific terms.

Work authorization granted through the EB-5 process allows the investor to work for any employer in the U.S. without being restricted by specific visa requirements. Unlike traditional work visas, the work authorization issued through the Green Card application doesn’t require employer sponsorship or detailed records for immigration review, making it a flexible and attractive option. In addition, once an EB-5 investor receives work authorization, they can apply for a Social Security Number (SSN), which provides further practical benefits, such as opening a bank account, buying a house, and obtaining credit cards.

Additionally, the travel permit, also known as “advance parole,” allows investors to travel in and out of the U.S. while their Green Card application is pending. This is an essential benefit for investors who need to travel internationally but no longer have a valid visa to re-enter the U.S. This permit allows them to avoid complications associated with traveling while under an ongoing immigration process.

Avoiding the Backlog

One of the most pressing concerns for EB-5 investors today is the looming backlog in the visa process. With increasing demand for EB-5 visas, particularly for applicants from countries like China and India, there is a potential for a significant delay in visa issuance.

The key to avoiding this backlog is to file for the Green Card application (adjustment of status) as soon as possible, and make use of concurrent filing. If an investor files early enough and their petition is approved before visa retrogression hits, they can benefit from the ability to live, work, and travel in the U.S. while waiting for their priority date to become current. If you miss that window of opportunity, you don’t get that benefit of the work authorization and travel permit while you’re waiting for your priority date to become current.

Many investors are trying to file quickly in order to get ahead of the backlog. Specifically, rural EB-5 projects, which tend to adjudicate petitions more quickly (often within 10 months), have seen increased interest. This trend highlights the importance of selecting projects with fast adjudication timelines to avoid being caught in the backlog.

Timing and Strategy for Filing

One of the most critical aspects of the application process is the importance of timing. Investors should not wait until the last minute to begin their EB-5 journey. Having more time to make informed decisions can help prevent the need for rushed filings, which can lead to mistakes.

For investors considering the EB-5 program, staying updated on the Visa Bulletin, which provides essential information on visa availability, is crucial. The Visa Bulletin is updated monthly, and investors should monitor it closely to understand when they can file their Green Card applications concurrently with their EB-5 petition.

The government sometimes publishes the Visa Bulletin late, leading to truncated filing windows. This can cause confusion and pressure investors into making hurried decisions, which is something they should avoid. Taking the time to thoroughly understand the process and prepare all necessary documentation will ultimately lead to a smoother application.

Timing is especially crucial for investors with children nearing the age of 21. Watch this excerpt from our webinar with Anu Nair to learn how the Child Status Protection Act (CSPA) impacts these investors and their families.

Understanding the Complexity of the EB-5 Process

The complexity of the EB-5 process varies depending on the investor’s situation. While some applicants, such as those with straightforward finances, may have a relatively quick and simple application process, others may face more challenges. For example, an investor with multiple properties would have to provide extensive documentation regarding the source of funds. When the source of funds is more complicated—such as coming from various sources or overseas—it can lengthen the application timeline due to the need for translations, additional documentation, and possibly a request for evidence (RFE) from USCIS.

It’s crucial for investors to be realistic about the time commitment required to complete the process, as this can significantly affect their ability to avoid delays and avoid errors that could impact their eligibility.

Strategic Advice for EB-5 Investors

The recent webinar with immigration attorney Anu Nair provided invaluable insights into the adjustment of status process and the current EB-5 visa demand. For EB-5 investors, understanding these key aspects of the process is crucial for making informed decisions and ensuring a smooth pathway to U.S. permanent residency.

Whether it’s filing early to avoid the backlog, securing work and travel authorization, or understanding the importance of careful preparation, the EB-5 program requires strategic planning and timely action.

By following these expert insights, investors can better navigate the complexities of the EB-5 process and improve their chances of obtaining a Green Card. With EB-5 visa demand on the rise, proactive planning is key to a successful immigration journey—and having an experienced team by your side can make all the difference.

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.