The US Citizenship & Immigration Services (USCIS), the concerned immigration body, encourages and inspires the world migrants to shift to the nation through its easy-to-follow immigration policies even as it proffers as many as 60 different types of permit programs to facilitate the entry of every kind of migrant. Whether an aspirant is a skilled worker, or an enterprising overseas businessman, or a student keen to pursue studies in the country–or for that matter, a persecuted individual keen to get asylum therein–he can rest assured that he will find a visa category for his specific immigration needs. Here below is given a list of those US permit programs which are both relevant and wide open for the overseas investors, business individuals & trained manpower:

U.S. immigration law allows certain foreign nationals who are employment-based immigrants to become lawful permanent residents (get a Green Card). One employment-based (EB) “preference immigrant” category includes foreign nationals who have invested or are actively in the process of investing $1 million (or $500,000 in targeted employment areas) in a new commercial enterprise that will benefit the U.S. economy and create at least 10 full-time positions for qualifying employees. These foreign nationals are also called “EB-5 immigrant investors” because they are in the employment-based fifth preference visa category. See the EB-5 Immigrant Investor Program for more information about this visa category.

This page has information specifically for foreign nationals in the United States who want to apply for lawful permanent resident status as EB-5 immigrant investors while in the United States. This is called “adjustment of status.” You should also read the Instructions for Form I-485, Application to Register Permanent Residence or Adjust Status (PDF, 544 KB)before you apply.

If you are currently outside the United States, see Consular Processing for information on how to apply for a Green Card as an EB-5 immigrant investor.

Eligibility for Adjustment of Status

If you are currently in the United States, in order to be eligible for a Green Card as an EB-5 immigrant investor, you must meet the following requirements:

Inspected and Admitted or Inspected and Paroled

Generally, to be eligible to adjust status, you must be present in the United States after being “inspected and admitted” or “inspected and paroled” by an immigration officer. There are some limited exceptions to this eligibility requirement. For more information on this requirement, see USCIS Policy Manual Volume 7, Adjustment of Status, Part B, Chapter 2, Section A, “Inspected and Admitted” or “Inspected and Paroled”.

Bars to Adjustment

Depending on how you entered the United States or if you committed a particular act or violation of immigration law, you may be barred from adjusting status. You are ineligible to apply for adjustment of status if one or more bars to adjustment listed in section 245(c) of the Immigration and Nationality Act (INA) apply to you.  For more information, please see USCIS Policy Manual Volume 7, Adjustment of Status, Part B, 245(a) Adjustment.

Applying Under INA 245(i)

You may be able to adjust status under INA 245(i) even if you are subject to one or more adjustment bars and are therefore ineligible for adjustment of status under INA 245(a). See the separate Instructions for Form I-485 Supplement A, Adjustment of Status Under Section 245(i) (PDF, 279 KB) for more information.

Grounds of Inadmissibility

To qualify for a Green Card, you must be admissible to the United States. Reasons why you may be inadmissible are listed in INA 212(a) and are called grounds of inadmissibility.

In general, USCIS can only approve your Green Card application if none of the grounds of inadmissibility apply to you.

If you are inadmissible, the law may allow you to apply for a waiver of inadmissibility or other form of relief. See Form I-601, Application for Waiver of Grounds of Inadmissibility and Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal. If a waiver or other form of relief is granted, USCIS may approve your application for a Green Card if you are otherwise eligible.

Whether a waiver or other form of relief is available depends on the specific inadmissibility ground(s) that applies to you and the category under which you are adjusting. Eligibility requirements for waivers and other forms of relief vary. For information on the grounds of inadmissibility and waivers, please see USCIS Policy Manual Volume 8, Admissibility, and Volume 9, Waivers.

How to Apply

If you are currently in the United States, an immigrant visa is immediately available to you as an EB-5 immigrant investor, and you meet certain other requirements, you may file Form I-485, Application to Register Permanent Residence or Adjust Status to apply for a Green Card without leaving the country. You may file your Form I-485 only if USCIS has approved your Form I-526, Immigrant Petition by Alien Entrepreneur and a visa is immediately available.

For information on visa availability, see Visa Availability and Priority DatesAdjustment of Status Filing Charts, and the Department of State website to view the Visa Bulletin.

What to Submit (Principal Applicant)

If you are the EB-5 immigrant investor on the Form I-526, you are called the principal applicant. As the principal applicant, you should submit the following documentation and evidence to apply for a Green Card as an EB-5 immigrant investor who is already in the United States:

 

  • Form I-485, Application to Register Permanent Residence or Adjust Status;
  • Copy of the Form I-797, Approval Notice, for your Form I-526 petition;
  • Two passport-style photographs;
  • Copy of your government-issued identity document with photograph;
  • Copy of your birth certificate;
  • Copy of your passport page with nonimmigrant visa (if applicable);
  • Copy of your passport page with admission or parole stamp (issued by a U.S. immigration officer) (if applicable);
  • Copy of Form I-94, Arrival/Departure Record, or copy of the U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document (if applicable);

Note: If CBP provided you with an electronic Form I-94 upon your arrival/admission to the United States, you may print out a paper version of the Form I-94 from the CBP website at www.cbp.gov/I94;

Note: certain forms, including Form I-485, have a filing fee. You must submit the correct filing fee for each form, unless you are exempt or eligible for a fee waiver. Please see USCIS’ Filing Fees and Fee Schedule for more information.

For more information on applying for adjustment of status, see the Instructions for Form I-485 (PDF, 544 KB). Please also see our page on Tips for Filing Forms with USCIS.

Family Members

If you are the spouse or unmarried child under 21 years of age of an EB-5 immigrant investor principal applicant, you may apply for a Green Card as a derivative applicant. For more information on derivatives and eligibility for adjustment of status, please see USCIS Policy Manual Volume 7, Part A, Chapter 6, Section C, Subsection 6 – Derivatives.

Eligibility Criteria for Adjustment of Status as Derivative Applicants

In order to be eligible for a Green Card as an immigrant investor derivative applicant, you must meet the following requirements:

  • You properly file your Form I-485:
    • Together with the principal applicant’s Form I-485 (and the principal applicant’s Form I-485 is ultimately approved);
    • While the principal applicant’s Form I-485 is still pending with USCIS (and the principal applicant’s Form I-485 is ultimately approved);
    • After USCIS approves the principal applicant’s Form I-485 as long as:
      • The principal applicant is still a lawful permanent resident, and
      • You were the principal applicant’s spouse or child at the time USCIS approved his or her Form I-485; or
    • After the principal applicant obtained an immigrant visa and was admitted into the United States as a lawful permanent resident, as long as:
      • The principal applicant is still a lawful permanent resident, and
      • You were the principal applicant’s spouse or daughter at the time he or she was admitted into the United States.
  • You are currently the principal applicant’s spouse or child;
  • You were inspected and admitted or inspected and paroled into the United States;
  • You are physically present in the United States at the time you file your Form I-485 and at the time of adjustment of status;
  • An immigrant visa is immediately available to you at the time you file your Form I-485 and at the time USCIS makes a final decision on your application. (For information on visa availability, see Visa Availability and Priority DatesAdjustment of Status Filing Charts, and the Department of State website to view the Visa Bulletin.)
  • None of the applicable bars to adjustment of status apply to you;
  • You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and
  • You merit the favorable exercise of USCIS’ discretion.

What to Submit (Derivative Applicants)

If you are a derivative applicant (a spouse or child), you should submit the following evidence to adjust status under the immigrant investor category:

  • Form I-485, Application to Register Permanent Residence or Adjust Status;
  • Copy of documentation showing your relationship to the principal applicant, such as a marriage certificate, birth certificate, or adoption decree;
  • Copy of the Form I-797, Approval Notice, for the principal applicant’s Form I-526;
  • Copy of the Form I-797, Approval or Receipt Notice, for the principal applicant’s Form I‑485 or a copy of the principal applicant’s Green Card  (not filing together with the principal applicant’s Form I-485);
  • Two passport-style photographs;
  • Copy of your government-issued identity document with photograph;
  • Copy of your birth certificate;
  • Copy of your passport page with non-immigrant visa (if applicable);
  • Copy of your passport page with admission or parole stamp (issued by a U.S. immigration officer) (if applicable);
  • Copy of Form I-94, Arrival/Departure Record or copy of the U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document (if applicable)

Note: If CBP provided you with an electronic Form I-94 upon your arrival/admission to the United States, you may print out a paper version of the Form I-94 from the CBP website at www.cbp.gov/I94;

Note: Certain forms, including Form I-485, have a filing fee. You must submit the correct filing fee for each form, unless you are exempt or eligible for a fee waiver. Please see USCIS’ Filing Fees and Fee Schedule for more information.

Employment Authorization and Advance Parole Documents

Generally, when you have a pending Form I-485, you may apply for employment authorization by filing a Form I-765, Application for Employment Authorization.

You may also apply for an advance parole document by filing a Form I-131, Application for Travel Document. An advance parole document authorizes you to appear at a port-of entry to seek parole into the United States after temporary travel abroad. If you need to leave the United State temporarily while your Form I-485 is pending, please see the Instructions for Application for Travel Document for more information.  Generally, if you have a pending Form I-485 and you leave the United States without an advance parole document, you will have abandoned your application.

For further information, see our Employment Authorization and Travel Documents pages.

Legal Reference

For more information, see the following:

 

 

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