Everything you need to know about Form I-485 processing times for EB-5 investors

The EB-5 Program offers foreign citizens and their immediate family members the opportunity to obtain a U.S. Green Card in exchange for an investment in the U.S. economy. The I-485 form plays a crucial role in this process. Here’s what you need to know.

The EB-5 Immigrant Investor Program allows individuals from around the world to invest in a job-creating enterprise in the U.S., thereby obtaining Permanent Residency (Green Card) for themselves and their families.

Depending on their location, EB-5 investors can apply for permanent residency through consular processing or adjustment of status.

For EB-5 investors already in the United States on non-immigrant visas, adjustment of status is a critical step in the immigrant investment process. Once approved, both the EB-5 investors and their dependent family members will receive their Green Cards, allowing them to live, work, or study anywhere in the country.

However, the processing times for Form I-485 can be unpredictable and vary for each applicant due to various factors. Understanding the procedure for this form and the factors that affect its processing time can help avoid unnecessary delays.

What is Form I-485?

Form I-485, or Application to Register Permanent Residence or Adjust Status, is the application that a foreign citizen uses to request legal permanent resident status in the United States.

Also known as the adjustment of status application, this form allows EB-5 investors with a non-immigrant visa to apply for permanent residency without leaving the country. EB-5 investors outside the United States must file Form DS-260 to apply for a Green Card through consular processing.

Each derivative beneficiary, such as the investor’s spouse and unmarried children under 21, must complete an individual I-485 application. If USCIS approves the I-485 applications, both the investor and their beneficiaries will receive conditional permanent resident status.

After holding a conditional Green Card for two years, they can file a petition I-829 to remove the conditions and become full permanent residents.

When Should an EB-5 Investor File Form I-485?

Before 2022, EB-5 investors could only file an adjustment of status application if an immigrant visa was available after receiving approval for their I-526E petition.

However, the 2022 EB-5 Reform and Integrity Act (RIA) introduced the possibility of filing Form I-485 concurrently with the I-526E petition, a process known as concurrent filing.

This change allows investors and their families to apply for adjustment of status simultaneously with their EB-5 petition. If concurrent filing of Form I-485 with Form I-526E is not possible, it can still be submitted later while USCIS processes the EB-5 application or after receiving approval.

How Long Does It Take to Process Form I-485?

The processing time for Form I-485 is difficult to predict as USCIS does not provide an exact date or timeline. This means that times vary and are specific to each case.

Currently, the average processing time for Form I-485 for EB-5 investors is approximately 11.5 months, according to the USCIS processing time checker.

During this time, applicants may receive an Employment Authorization Document (EAD) and advance parole (travel permit) while waiting for their I-485 approval, allowing them to start enjoying the benefits of a Green Card before obtaining permanent resident status.

Factors Affecting the Processing Times of Form I-485

The uncertainty in Form I-485 processing times is due to several factors:

• Processing Center: The adjudication time of the I-485 varies by the USCIS field office or service center where the application is submitted, due to differences in staffing and workload.
• USCIS Workload: The workload at USCIS offices fluctuates throughout the year due to changes in immigration policies, priorities, and the volume of applications, which can impact processing times.
• Background Checks: USCIS will schedule a biometrics appointment as part of the adjudication process to conduct background checks, which can be delayed if there are issues with the information.
• Requests for Evidence (RFE): USCIS may request additional evidence if there are errors or missing information in the application. These requests can delay I-485 approval, so it is crucial to prepare the application thoroughly and accurately.

Typical EB-5 Process Timeline

The EB-5 process is complex and involves several steps. Below is a typical timeline, although variations may occur:

• Conduct due diligence and choose an EB-5 project.
• Invest $800,000 in a commercial enterprise located in a Targeted Employment Area (TEA) or $1,050,000 in a non-TEA area.
• Gather the necessary documentation with the help of an experienced immigration attorney.
• Concurrently file Forms I-526E, I-485, EAD, and AP, and pay the required fees.
• Receive a receipt notice.
• Attend the biometrics appointment and interview with USCIS (if not waived).
• Receive work and travel permits.
• Obtain I-485 approval and conditional Green Card.
• File Form I-829 to remove conditions.
• Apply for U.S. citizenship through naturalization.

While the processing time for I-485 cannot be controlled, the investor’s actions can cause delays if the application is not completed correctly or if important information is missing.

Consult with an immigration attorney specializing in EB-5 and ensure all eligibility requirements for permanent residency are met.

Investing in BAI Capital is investing in the United States

With a presence in the real estate sector in the states of Florida, Texas, and New York, BAI Capital specializes in generating value from land acquisition to the development of mixed-use projects, such as student housing and multifamily rental buildings with mixed-use spaces, including apartment buildings and retail (commerce-restaurant).

Our mission is to safeguard the capital of our partners and our own capital with minimal risk exposure. We ensure secure development by going through all the stages: land acquisition, urban zoning adjustments, commercial vision in architectural development, and management of building permits. We then take charge of the capitalization, construction, and exit strategy, with the return of capital and profits to our partners, guaranteeing better returns than those offered by the market.

In this way, we ensure fixed and stable returns for our client portfolio. Additionally, we operate under a confidential work protocol with encrypted web forms, protected personal data, and private meetings with our agents in the United States, Latin America, Europe (Italy), and Asia (Vietnam).

You already learned about the I-485 form, what it is and when to use it. If you are looking for investment opportunities with high returns in real estate, or to invest in projects that qualify for the EB-5 Investor Visa and thus obtain a Green Card, please complete our form and an agent will contact you.