When is a medical examination required in the EB-5 process and who is required to be examined?

Medical examinations are performed after an EB-5 investor’s I-526 petition is approved. Generally, this exam happens around the time an EB-5 investment participant is filing their Form I-485 for adjustment of status.

This required medical exam and all vaccinations must be completed before an applicant’s visa interview date for the investor’s status to be changed to permanent resident and to qualify for a green card.

United States Citizenship and Immigration Services (USCIS) requires all foreign nationals applying for permanent resident status to undergo a physical examination. The investor and any derivative beneficiaries, such as a spouse or unmarried children under the age of 21, must complete the physical examination. The medical exams are conducted by physicians designated by either USCIS or the State Department. An applicant may not use their own doctor.

If an EB-5 immigrant investor is applying from within the United States, the results of the medical exam must be signed by the physician, who is assigned and approved by USCIS, within 60 days of submitting Form 1-485. The physician will give the results of the exam to an EB-5 participant in a sealed envelope. This envelope must remain sealed. It must be submitted to USCIS during the applicant’s visa interview, still sealed.

For EB-5 investment participants living outside of the United States, there is a little more flexibility as to when to take the medical exam. The exam results can be submitted at the same time as the Form I-485 adjustment of status application package. The medical exam can also be scheduled after Form I-485 has been filed. Although this is a valid option, it is recommended to file the exam results concurrently with the adjustment of status application, for quicker processing. The authorized physician conducting the exam will then either send the results directly to the U.S. embassy or consulate, or give them to the EB-5 investor in a sealed envelope. In this case, the investor must bring the results to their visa interview, and the results must remain sealed.

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