The EB-5 Reform and Integrity Act (RIA), signed into law on March 2022, now allows petitioners to concurrently file their EB-5 petition (I-526E petition) and application for adjustment of status (I-485 petition) simultaneously.
The ability to file forms I-526E and I-485 concurrently is one of the most transformative changes included in the RIA. EB-5 applicants can now live and work in the United States while they wait for the approval of their I-526 petition.
Prior to the RIA, investors living in the United States had to wait, sometimes 2-3 years, for I-526 approval before applying to adjust their status. However, EB-5 investors now have the opportunity to enjoy many of their Green Card benefits before their actual green card application approval.
Concurrent filing can only be done if the EB-5 investor’s visa category is current, meaning there are visas available for them, and are present in the U.S. on a non-immigrant visa (typically H1-B, E-2, and F-1). When individuals file form I-485 with their I-526E, they can also file form I-765 (Application for Employment Authorization) and form I-131 (Application for Advance Parole), for work and travel authorization during the time when form I-485 is pending. Upon approval of an applicant’s I-765, the investor is granted an employment card (EAD card) allowing the applicant to work in the United States as well as a travel permit allowing the applicant to travel outside of the country.
For individuals who have entered the United States on a temporary visa such as an F-student visa, adjustment of status is complicated due to the issues of immigrant intent. If an EB-5 applicant concurrently filing for adjustment of status previously entered on a visitor’s visa, or a student visa, they need to show that they had a clear intent to enter and return home. Only with changed circumstances is it possible to file an I-485 adjustment and it should never be done within 90 days.