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.
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.
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 Dates, Adjustment of Status Filing Charts, and the Department of State website to view the Visa Bulletin.
