Will a legal name change affect an investor’s EB-5 application?

A name change in itself will not jeopardize an EB-5 application; the EB-5 investor will simply need to provide United States Citizenship and Immigration Services (USCIS) with official name change documents to demonstrate that their name was, in fact, changed. The documentation an investor will need to provide depends on the nature of the name change. For example, if a name change was due to an investor getting married, they can provide a certified copy of the marriage certificate or court order. Other possible documents include a divorce decree and adoption papers. Documents used to demonstrate a name change must be court-issued.

Investors can send their name change documents to USCIS at multiple stages of the EB-5 investment process. For investors with pending I-526 petitions, they can have their immigration attorney send the documentation independent of any other material as an interfiling. If USCIS issues a request for evidence (RFE) based on an investors I-526 petition, the investor and their attorney can send the name change documents to USCIS in the RFE response packet. Alternatively, an investor can wait for their I-526 to be approved and begin the next stage of EB5 investment; applying for a conditional green card. If an investor is adjusting status within the United States, they can submit their name change documents alongside their I-485 petition package. Investors going through consular processing can instead submit their name change documents with their DS-260 application. If an EB-5 investor legally changes their name after they have become a conditional U.S. resident, they can submit their name change documentation alongside their I-829 petition.

If an EB-5 investor legally changes their name after they receive U.S. permanent resident status, they must file Form I-190, Application to Replace Permanent Resident Card. This form is used to renew or replace a green card for just about any reason, including a name change.