The EB-5 program offers foreign nationals and their immediate family members U.S. Green Cards in exchange for an investment in the U.S. economy. Depending on their location, EB-5 investors can apply for permanent residency through consular processing or adjustment of status.
EB-5 investors already in the U.S. on non-immigrant visas can apply to adjust their immigration status and become lawful U.S. permanent residents. This is a critical step in the EB-5 immigrant investor process. Once approved, EB-5 investors and their dependent family members will receive their Green Cards and enjoy the right to live, work, or study anywhere in the U.S.
However, I-485 processing times can be quite unpredictable and vary for different applicants depending on several factors. Understanding Form I-485 procedures and the factors that affect processing time can help you prevent unnecessary delays in processing your Form I-485.
In this article, you’ll learn about the Form I-485 petition, factors affecting its processing times, and what you can do to expedite the process.
What Is Form I-485?
When Should an EB-5 Investor File Form I-485?
How Long Does It Take to Process Form I-485?
Factors Affecting EB-5 Form I-485 Processing Times
I-485 Application Timeline for EB-5 Investors
Expediting Your Form I-485 Processing Time
Contact EB5AN for a Smooth EB-5 Process
What Is Form I-485?
Form I-485, Application to Register Permanent Residence or Adjust Status, is the immigration application a foreign national uses to apply for lawful permanent resident status in the United States. It is also known as an application for adjustment of status.
This form allows an EB-5 investor holding a non-immigrant visa to apply for U.S. permanent residency without leaving the country. EB-5 investors outside the U.S. cannot file an I-485 petition. Instead, they must file a Form DS-260 (Green Card application through consular processing).
Although an EB-5 application covers investors and their dependent family members (their spouse and unmarried children under 21), each derivative beneficiary must complete an individual I-485 application.
If the United States Citizenship and Immigration Services (USCIS) approves your I-485 petitions, you and your derivative beneficiaries will receive conditional permanent resident status. After two years of holding a conditional Green card, you can file an I-829 petition to have the conditions removed and become a full permanent resident.
When Should an EB-5 Investor File Form I-485?
Before 2022, EB-5 investors could only file for adjustment of status if an immigrant visa was available to them after receiving their I-526E immigrant petition approval. However, thanks to the EB-5 Reform and Integrity Act of 2022 (RIA), EB-5 investors can now file Form I-485 along with their I-526E petition. This is known as concurrent filing.
This change allows you and your family members to file for adjustment of status at the same time as your EB-5 petition. If you’re unable to submit an I-485 petition along with your Form I-526E, you can still submit it later while USCIS is processing your EB-5 application or after you receive approval.
How Long Does It Take to Process Form I-485?
It’s difficult to predict how long it will take to process your I-485 petition because USCIS does not give any set date or timeline. This means that I-485 processing times vary and are case specific.
According to the USCIS processing times checker, it currently takes an average of 11.5 months to process Form I-485 for EB-5 investors. Applicants can also receive employment authorization document (EAD) and advance parole (travel permit) while awaiting their Form I-485 approval—that way, they can start enjoying the benefits of a Green Card before receiving their permanent resident status.
Factors Affecting EB-5 Form I-485 Processing Times
The uncertainty in Form I-485 processing times is a result of several factors, including the following:
- The processing center
- USCIS workload
- Background checks
- Requests for evidence
We’ll look at these factors more closely below.
The Processing Center
The USCIS field office or service center where you submit your petition plays a role in determining how quickly your I-485 application will be processed. I-485 adjudication time varies across USCIS service centers due to staffing level and workload differences.
USCIS Workload
The workload in USCIS field offices is not the same throughout the year. Issues like changes in immigration policies, priorities, and application volume affect processing times, as these determine how quickly applicants’ interviews can be scheduled or conducted.
Background Checks
As part of the adjudication process, USCIS will schedule you for a biometrics appointment, which will allow them to use your biometric data to conduct background checks to determine your eligibility for a U.S. Green Card. These background checks can take a while, particularly if there are issues with your background.
Requests for Evidence (RFEs)
USCIS may request additional supporting evidence while processing your I-485 petition. These requests can be due to a mistake in your application or the omission of important information or documents.
An RFE can delay your I-485 approval, especially if you’re unable to provide the requested evidence promptly. That’s why it’s essential to prepare and complete your I-485 petition carefully to prevent delays.
USCIS will notify you via email or physical mail once they decide on your application.
I-485 Application Timeline for EB-5 Investors
Like any other immigration procedure, the EB-5 process can be complex and involves many steps. Filing an I-485 petition is just one step in the process, and there are things you must do before and after applying for adjustment of status.
Below is a typical EB-5 visa timeline. There may be slight variations for each investor depending on their circumstances.
- Conduct EB-5 due diligence and choose a project.
- Invest $800,000 in the new commercial enterprise (NCE) if it is located in a TEA.
- Compile the relevant supporting documentation with the help of an experienced immigration attorney.
- Concurrently file Forms I-526E, I-485, EAD and AP, and pay all associated fees.
- Receive receipt notice.
- Attend your USCIS biometrics appointment and interview (unless waived).
- Receive your work and travel permits.
- Receive I-485 approval and your conditional Green Card.
- File Form I-829 to remove the conditions.
- Apply for U.S. citizenship by naturalization.
Expediting Your Form I-485 Processing Time
Although Form I-485 processing times are not within the control of the applicant, an EB-5 investor’s actions can cause delays in their I-485 processing by not filling out the application correctly or omitting important information. USCIS sometimes denies adjustment of status applications because of these mistakes.
The following tips can help you expedite your I-485 application processing.
- Consult an experienced EB-5 immigration attorney.
- Ensure you meet all eligibility requirements for permanent residency.
- Read through and understand USCIS Form I-485 filing instructions.
- Use the most recent version of Form I-485.
- Answer all application questions correctly.
- Type your responses or write them legibly in black ink.
- Compile your supporting documents and review them against the USCIS checklist.
- Use photos consistent with USCIS requirements.
- Respond to all USCIS questions or requests promptly.
You can also reach out to the USCIS contact center to request expedited processing if you have an urgent situation, such as a medical emergency. However, you must be able to prove that your situation requires immediate action and that the urgency is not a result of a delay in filing the application.
Contact EB5AN for a Smooth EB-5 Process
I-485 filing is an important step in the EB-5 process, and as mentioned above, you must carefully complete the application to avoid mistakes that can extend the processing time. Getting professional assistance will increase your chances of a successful application.
EB5AN can guide you through each stage of your EB-5 application process. We’ve helped over 2,300 families from over 60 nationalities successfully acquire U.S. permanent resident status.
To learn more about the EB-5 Investor Program and get help with your EB-5 Green Card journey, please schedule a one-on-one call with our expert team today.
