Master the EB-5 Adjustment of Status Process: A Step-by-Step Guide

Introduction

For the time being, many individuals are finding themselves in an uncertain situation, attempting to determine the best course of action in order to obtain permanent residency through the EB-5 Adjustment of Status process. In many instances, these individuals have invested in the process of gaining residency through EB-5 in order to eventually gain citizenship as American citizens. This guide for investors contains information on the required steps as well as the various requirements needed in order to complete the process of residency effectively and to ultimately avoid road blocks in the EB-5 process in order to reach your American dream.

Understand the EB-5 Adjustment of Status Process

In recent years, the number of foreign investors worldwide has reached millions. Specifically, a large portion of foreign investors are interested in immigration to the U.S. through investment in order to acquire status as a permanent resident (Green Card holder) after having been temporary residents. These individuals, in particular those who invested in a U.S. business through the EB-5 Immigrant Investor Program, go through a long and complex process of securing and maintaining status as permanent residents of the U.S. In this article, we will go through the main stages of this long journey of a foreign national who is interested in immigration through investment.

1. Eligibility for the EB5 adjustment of status: The foreign national must have an approved I-526 petition (Immigrant Petition by Alien Entrepreneur) and must be physically present in the U.S. with valid nonimmigrant status.
2. Application for the adjustment of status of the foreign entrepreneur, of family members of the foreign entrepreneur or of employees of the foreign entrepreneur in the EB-5 company who are already in the U.S. as non-immigrant visitors and have not yet left the U.S., needs to be submitted to USCIS using the I-485 application for the green card.
3. Concurrent Filing: This is possible for applicants who are eligible to apply for Adjustment of Status at the same time they apply for approval of their Immigrant Petition. This process, like that of other applicants, can be early filed to get a priority date on your application for Permanent Residence, and get a “head start” on other applicants for visas in backlogs. Early filing for EB-5 applicants, as noted by Kripa Upadhyay, an immigration attorney specializing in matters relating to foreign entrepreneurs investing in U.S. companies, is particularly good because it is among the first to get a priority date for visa numbers in backlogs and thus save time.
4. Interview and Approval: Once the USCIS officer receives your filed documents for the immigrant visa processing, your application for immigrant visa will be scheduled for an interview with USCIS officers. You will have to answer the immigration questions and prove that you are eligible for the Green Card as an EB5 Immigrant Investor. When the officers are satisfied with your answers to the USCIS immigration questions, you will be approved for Immigrant Visa and Green Card.
5. Receiving Your Green Card: Once you have received approval for your permanent residence application, you and your family will receive a conditional green card in the mail. This allows you and your family to live in the U.S. on a permanent basis. The conditional green card is valid for 2 years. After that, you must file Form I-829 to have the conditions on your residency removed.

Processing Regional Center investment petitions: Although the Regional Center Program will lapse on September 30, 2026, USCIS will process all I-526 petitions filed by foreign investors before that date. Consequently, foreign investors may face delays in processing their EB-5 adjustment of status applications, resulting in greater competition for the available EB-5 immigrant visas and the need for foreign investors and their families to prepare for investment in the U.S. well in advance.

Determine Eligibility for Adjustment of Status

The EB-5 program for obtaining Green Cards for investors and their immediate family members can be very complicated to understand and to process for approval of legal permanent residence in the U.S. The following steps outline the process of how to achieve the EB-5 adjustment of status.

1. Investment: A TEA investment would be $800,000 and need to create at least 10 jobs for U.S. citizens (full-time). A non-TEA investment would be $1,050,000 and create 11 jobs for U.S. citizens (full-time).
2. Approved I-526 Petition: The approved I-526 petition for EB-5 investment must meet the requirements of the program and be approved by USCIS.
3. Legal Status: The person must be in the U.S. physical presence and must be in legal status (i.e. holding a valid, unexpired visa) at the time of the filing of the EB-5 adjustment of status application by filing of Form I-485. If the person is “out of status,” it will be very difficult to obtain EB-5 approval.
4. No Disqualifying Factors: The applicant and/or the applicant’s immediate family members must not have any criminal activity or other violations of immigration laws that would result in denial of approval of the EB-5 application for the investor and the investor’s family for Green Card.
5. Documentation Required: Documentation, such as proof of investment, creation of jobs and proof of current immigration status, are required for the EB-5 application for Green Card approval for investor and family.

By meeting these qualifying factors, you and your family members can now achieve your full potential in the U.S. In FY2026, a total of 13,206 new investment visas will be issued by the U.S. Department of State. While a proposed investment threshold for certain high-demand areas of $1.4 million is currently under consideration, such increase has not yet been finalized. In the meantime, your hard work in investing and fulfilling requirements for approval of EB-5 application for Green Card for investor and family will bring great joy to you and your loved ones as you become U.S. permanent residents.

Complete the Adjustment of Status Application Steps

Applying for EB5 adjustment of status for EB5 immigrant investors is one of the ways to get a green card. In this section we review and provide a step by step guide for how to apply for EB5 adjustment of status and make application easier and less complicated for foreign nationals and their families.

1. Gather Documents for EB5 Adjustment of Status: There are several documents that need to be gathered in order to fill out the Application for Adjustment of Status (Form I-485) for EB5 immigrants. Above are the documents required for I-485 Application for Adjustment of Status in EB5 cases.

   • Form I-485, Application to Register Permanent Residence or Adjust Status
   • Copy of your approved Form I-526
   • Proof of your investment (e.g., bank statements, business documents)
   • Evidence of job creation (e.g., payroll records)
   • Passport-style photos
   • Form I-94, Arrival/Departure Record
   • Any other supporting documents relevant to your case.

2. Complete Document I-485: I-485 must be completed meticulously. Fill out each section carefully including sections detailing your prior immigration activity and activity that could render you ineligible for the EB5 adjustment of status.

3. Pay the Filing Fee: The I-485 Application Fee for the Adjustment of Status in the EB5 Visa Program will increase to $1,140 in 2026. In order to correctly process the required documentation for EB5 Adjustment of Status, the Applicant must include the correct immigration services filing fee for I-485 Application for in their package. Please click on this link to obtain the most current rates for all the necessary immigrant services filing fees.

4. Submit Your Application: After you complete your application, using the appropriate immigration office address, make sure to use the best possible mail service. We will help monitor the immigration services and follow up with appropriate inquiries as needed.

5. Attend Biometrics Appointment: Once you have submitted all required documents for your Form I-485 Application for Green Card and for permanent resident status, you will receive a notice in the mail to appear for a biometric appointment where your fingerprints and a photograph will be taken for verification of the information provided in your immigration Application.

6. Get Ready for the Interview: Before your interview, it would be wise to go through your EB5 submission, supporting documents and go over possible questions that would be asked in the interview pertaining to the specifics of your EB5 investment and the business that you established in the U.S. which created the employment for the necessary number of full time employees.

7. Get a Decision on Your Application: Within a few weeks of your interview you will receive a decision on your Application for Green Card for you and your family to attain permanent resident status. If your Application was approved then as an EB5 immigrant investor you and your family will receive a conditional Green Card.

The Application for Green Card through early filing of the I-485 application and completion of all required documents and steps in detail is important to ensure that all required information and documentation for EB5 adjustment of status are submitted to avoid delay and added expense.

Navigate Common Challenges in the Adjustment Process

Here are the common problems faced by EB5 applicants while going through the EB5 adjustment of status process:

1. Processing Timeframe: It takes a long time to process EB5 applications. In order to process applications in a timely manner, the US Immigration Agency must go through a long list of cases to process each application. Currently, the Agency has a backlog of over 11.6 million cases. Therefore, it is very important to make sure that all required applications and supporting documentation are completed and submitted in their entirety. If the applicant receives a Request for Evidence (RFE) from the immigration authorities, it is very important to respond to the immigration authorities’ request for evidence in a timely manner in order to avoid any delays and to avoid any unnecessary obstacles that could potentially lead to denial of the applicant’s EB5 application.
2. Changes in Immigration Policy: The laws in effect, as well as other policies affecting persons of all nationalities seeking to obtain U.S. immigration status, have impacted the processing of applications and the approval of all types and numbers of petitions and applications. Please refer to www.uscis.gov, the official website of U.S. immigration services. Note that in FY2022, the denial rates fluctuated; the highest rate of denial was 14.9% in Q4 of FY2022; however, this rate steeply decreased to 11.1% in Q4 of FY2025.
3. Interview Anxiety: We know that the USCIS interview in EB5 adjustment of status processing makes EB5 applicants nervous. In this page, we therefore give EB5 applicants an overview of common issues faced during the USCIS interview. In addition, in this page, we explain to EB5 applicants how they must prepare for the interview. By reading this page, EB5 applicants will feel more confident because they have already prepared for the USCIS interview.
4. Documenting Source of Funds: As the EB5 applicant, you will need to prove where the funds for the investment came from. This could include a copy of your bank statements, tax returns, and proof of business ownership. All documents should be presented clearly and in an organized manner.
5. Legal Representation: The challenges that EB5 applicants encounter in obtaining lawful resident status through the EB5 process can be addressed by the applicant seeking representation by attorneys at Vasquez Law Firm, who can assist the applicant with all matters related to immigration, including the processing of the applicant’s EB5 application. Applicants for lawful resident status through other applications of immigration status, who have suffered personal injury, can be represented by the attorneys at Vasquez Law Firm in their personal injury cases on a contingency fee basis, thereby alleviating any financial constraint that such applicants may have in seeking compensation for their injuries. Applicants seeking representation for immigration matters can have flexibility in payment for services rendered by the attorneys at Vasquez Law Firm. Vasquez Law Firm has attorneys in Charlotte, Concord, and Huntersville, NC, as well as in Florida, to assist immigration applicants with their applications for lawful resident status.

Overcoming challenges and dealing with problems with EB5 applications for EB5 applicants seeking lawful permanent resident status can be addressed by qualified EB5 attorneys at Vasquez Law Firm.

Conclusion

This page explains the steps which a Foreign Investor may need to go through in order to obtain Adjustment of Status and become a permanent resident (“green card holder”) of the U.S. as part of the process for acquiring EB-5 permanent residency. It is not possible to set out each individual case but Foreign Investors who have previously held temporary status in the U.S. have found the following steps to be useful in preparing their application and attending the subsequent Interview.

Upon approval of the Foreign Investor-Employee’s I-526 petition for EB-5 permanent residency, it is very important that the Foreign Investor-Employee (and his/her family members that are also applicants for green card) proceed with the proper steps to go through with the process of obtaining green card status through the Concurrent Filing of the I-539 (Application to Change/Extend Status of Certain Non-Immigrant Relatives) (if the applicants are already in the U.S. temporarily as non-immigrants and meet the required qualifications for approval of such applications) as part of the Green Card Process for the Foreign Investor-Employee’s EB-5 case(s).

We, at Vasquez Law Firm, also want to remind all Foreign Investors of EB-5 cases that we process for foreign investors applying for and obtaining EB-5 permanent residency (green card) that are undergoing the normal processing of their cases by the USCIS (for Processing of EB-5 green card cases) that naturally experience Processing Delays and other challenges of Processing of such cases by USCIS as outlined above. Each Foreign Investor-Employee’s case(s) for EB-5 green card investment is processed in the very best, most professional, most effective, most efficient and most dedicated manner, and, in addition to all of the above, also in the very best most caring manner, and with all due respect, sensitivity and appreciation for the Foreign Investor-Employee and each of his/her family members applying for and hopefully soon to be granted and to obtain and to enjoy Green Card Status through EB-5 investment in a new company located in the U.S. for the foreign investor and for his/her family members.

EB-5 Adjustment of Status can be a very lengthy and arduous process for Foreign Investors. However, it can also create opportunities for Foreign Investors and their families. By having the best legal representation, Foreign Investors can have someone fighting for their rights. Also, at Vasquez Law Firm, we are committed to serving our Foreign Investors 24 hours a day, 7 days a week for any urgent matters that require immediate attention. We meet with our clients at a time and date that is most suitable for them. Our commitment is to continue to meet and exceed our clients’ needs.

Frequently Asked Questions

What is the EB-5 Adjustment of Status process?

The EB-5 Adjustment of Status process allows foreign investors who have invested in a U.S. business through the EB-5 Immigrant Investor Program to secure permanent resident status (Green Card) after being temporary residents.

What are the eligibility requirements for the EB-5 Adjustment of Status?

To be eligible, the foreign national must have an approved I-526 petition (Immigrant Petition by Alien Entrepreneur) and must be physically present in the U.S. with valid nonimmigrant status.

How do applicants submit their adjustment of status application?

Applicants must submit the I-485 application for a Green Card to USCIS, which can include the foreign entrepreneur, their family members, or employees of the EB-5 company who are already in the U.S. as non-immigrant visitors.

What is concurrent filing in the EB-5 process?

Concurrent filing allows eligible applicants to apply for Adjustment of Status at the same time they apply for approval of their Immigrant Petition, potentially gaining a priority date and reducing wait times for visa numbers in backlogs.

What happens during the interview and approval stage?

After USCIS receives the filed documents, an interview will be scheduled where applicants must answer immigration questions and demonstrate their eligibility for the Green Card. Approval is granted if the USCIS officers are satisfied with the responses.

What is the next step after receiving approval for permanent residence?

Once approved, the applicant and their family will receive a conditional green card in the mail, allowing them to live in the U.S. permanently for two years. After this period, they must file Form I-829 to remove the conditions on their residency.

What should foreign investors know about the Regional Center Program?

The Regional Center Program will lapse on September 30, 2026, but USCIS will continue to process all I-526 petitions filed before that date. Investors should prepare for potential delays and increased competition for EB-5 immigrant visas.

List of Sources

1. Understand the EB-5 Adjustment of Status Process
   • USCIS makes significant changes to EB-5 immigrant investor program | Immigration Policy Tracking Project (https://immpolicytracking.org/policies/new-uscis-final-regulation-makes-significant-changes-to-eb-5-immigrant-investor-program)
   • EB-5 Investors: The September 30, 2026 sunset of the “Grandfathering” provision of the Reform and Integrity Act- What You Need to Know | Buchalter (https://buchalter.com/insights/eb-5-investors-the-september-30-2026-sunset-of-the-grandfathering-provision-of-the-reform-and-integrity-act-what-you-need-to-know)
   • USCIS wants to reframe adjustment of status: What does that mean for EB-5 investors? - EB5Investors.com (https://eb5investors.com/blog/uscis-wants-to-reframe-adjustment-of-status-what-does-that-mean-for-eb-5-investors)
   • New Era of USCIS Adjustment Adjudications: What EB-5 Investors Need to Know - WR Immigration (https://wolfsdorf.com/new-era-of-uscis-adjustment-adjudications-what-eb-5-investors-need-to-know)
   • U.S. Citizenship and Immigration Services Will Grant ‘Adjustment of Status’ Only in Extraordinary Circumstances | USCIS (https://uscis.gov/newsroom/news-releases/us-citizenship-and-immigration-services-will-grant-adjustment-of-status-only-in-extraordinary)
2. Determine Eligibility for Adjustment of Status
   • USCIS adjusts process for processing EB-5 immigrant investor petitions | Immigration Policy Tracking Project (https://immpolicytracking.org/policies/uscis-adjusts-process-for-managing-eb-5-visa-petitions)
   • DHS Proposes New Regulation to Revise the EB-5 Investor Visa Program (https://cis.org/Jacobs/DHS-Proposes-New-Regulation-Revise-EB5-Investor-Visa-Program)
   • EB-5 Investors: The September 30, 2026 sunset of the “Grandfathering” provision of the Reform and Integrity Act- What You Need to Know | Buchalter (https://buchalter.com/insights/eb-5-investors-the-september-30-2026-sunset-of-the-grandfathering-provision-of-the-reform-and-integrity-act-what-you-need-to-know)
   • EB-5 Visa Statistics | EB-5 Visa Data Dashboard (https://iiusa.org/eb5-visa-data-dashboard)
   • News Releases (https://uscis.gov/newsroom/news-releases)
3. Complete the Adjustment of Status Application Steps
   • Immigration and Citizenship Data (https://uscis.gov/tools/reports-and-studies/immigration-and-citizenship-data)
   • USCIS Announces Filing Fee Increases Effective January 1, 2026 (https://immigrationissues.com/uscis-announces-fee-increases-starting-january-1-2026)
   • New Era of USCIS Adjustment Adjudications: What EB-5 Investors Need to Know - WR Immigration (https://wolfsdorf.com/new-era-of-uscis-adjustment-adjudications-what-eb-5-investors-need-to-know)
   • USCIS Announces FY 2026 Inflation Increase for Certain Immigration-Related Fees (https://uscis.gov/newsroom/alerts/uscis-announces-fy-2026-inflation-increase-for-certain-immigration-related-fees)
4. Navigate Common Challenges in the Adjustment Process
   • Why USCIS Is Re-Vetting Applications in 2026 (https://westoverlawfirm.com/why-uscis-is-re-vetting-applications-in-2026)
   • New Dashboard Reveals Insights Into USCIS Backlogs and Processing Trends - American Immigration Council (https://americanimmigrationcouncil.org/blog/uscis-backlogs-processing-trends-dashboard)
   • New Era of USCIS Adjustment Adjudications: What EB-5 Investors Need to Know - WR Immigration (https://wolfsdorf.com/new-era-of-uscis-adjustment-adjudications-what-eb-5-investors-need-to-know)
   • USCIS Fingerprint Delays Slow Immigration Cases 2026 (https://clarkhill.com/news-events/news/uscis-fingerprint-delays-2026)