You Can Apply for the EB-5 Visa While You Are in the United States
You can apply for the EB-5 visa while you are in the United States, but there are some conditions to keep in mind. The process involves adjusting your status rather than applying through consular processing.
1. Filing I-526 Petition (Immigrant Petition by Alien Investor)
You can file the I-526 petition whether you are inside or outside of the U.S. This petition is the first step in the EB-5 process, and it demonstrates that you are investing the required capital in a U.S. business that will create at least 10 full-time jobs for U.S. workers.
2. Adjustment of Status (Form I-485)
If you are already in the U.S. on a valid non-immigrant visa, such as an F-1 student visa or an H-1B work visa, you can apply to adjust your status from within the U.S. after your I-526 petition is approved.
You file Form I-485 (Application to Register Permanent Residence or Adjust Status) with USCIS. This process allows you to change your visa status to that of a conditional permanent resident without leaving the U.S.
You can only file I-485 if there is an available visa in your category (based on country caps and priority dates) when your I-526 is approved.
3. Maintaining Legal Status
While your I-526 petition is pending, you must maintain valid immigration status in the U.S. If your current visa expires, you would need to leave the U.S. or switch to another non-immigrant status.
4. Conditional Permanent Residence
Once your I-485 is approved, you will receive a conditional green card valid for two years. After two years, you can apply to remove the conditions by filing Form I-829, proving that your investment has met the job creation and investment requirements.
Key Considerations:
Ensure you maintain your non-immigrant status while your EB-5 petition is processed.
If there is a visa backlog for your country, you may need to wait for an available visa number to file I-485.
In summary, as long as you maintain legal status and comply with the visa requirements, you can apply for EB-5 and adjust your status from within the U.S.
