U.S. immigration law allows certain aliens who are employment-based immigrants to become lawful permanent residents (get a Green Card). One employment-based (EB) “preference immigrant” category includes aliens 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 aliens 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 aliens 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, 539.23 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

Bars to Adjustment

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

What to Submit (Principal Applicant)

Family Members

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.

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