Many EB-5 investors apply for their Green Card through adjustment of status, a process that allows eligible applicants already in the United States to become permanent residents without leaving the country. However, a recent USCIS memo has made this pathway less straightforward by emphasizing consular processing for most Green Card applicants, raising questions about how the policy may affect EB-5 investors.
Shilpa Menon, Managing Director, Commercial at LCR Capital Partners, states, “If I-485 is already approved, you are most likely not impacted by this memo. But, if your I-485 is pending with an approved EAD and Advance Parole, you should be able to continue renewing your EAD and Advance Parole as usual. The memo does not affect work authorization unless the underlying I-485 is denied. That said, please avoid non-essential international travel for now.”
