Which date is used to determine if an investor can file Form I-485, the “date for filing” or the “final action date”?

EB-5 investors who intend to file Form I-485 must check the United States Citizenship and Immigration Services (USCIS) Visa Bulletin site to determine which date they may use. Each month, the agency publishes whether the “date for filing” or the “final action date” may be used to determine if Form I-485 may be filed.

If USCIS determines that the number of visas available in a fiscal year exceeds that of the known applicants for such visas—such as EB-5—the agency will state that the “date for filing” may be used. Otherwise, the agency will state that the “final action date” should be used. In either case, EB-5 investors should use the information that was published in the latest Visa Bulletin.

EB-5 investors who wish to file for an Adjustment of Status should contact their immigration attorney for guidance in the process. The window to file Form I-485 is time-sensitive, and it is in the investor’s best interest to obtain the most up-to-date information so as not to delay the process any further.

As of March 2022, EB-5 investors who currently reside in the United States—such as those with H-1B visas—may file Form I-526 and Form I-485 concurrently. The passing of the EB-5 Reform and Integrity Act brought about this and many other changes in the industry. Prior to the Reform and Integrity Act, EB-5 investors had to wait for their I-526 petitions to be approved before filing Form I-485. Not only did this take additional time, but investors had to maintain their status on a separate visa to remain in the United States. Concurrent filing offers EB-5 investors greater flexibility and reduced waiting times. Foreign nationals who are in the United States on nonresident visas are eligible to file Form I-526 and concurrently apply for adjustment of status.