The I-485 Application to Register Permanent Residence or Adjust Status is filed by a person in the US to adjust his or her non-immigrant status to that of a permanent resident. EB-5 investors and their dependents can submit the I-485 to the USCIS once the I-526 petition is approved. Once approved, the I-485 provides EB-5 investors, their spouse, and dependents less than 21 years of age with conditional green cards for a two-year period of time. EB-5 applicants who are already living in the US. submit this form as part of the application for Conditional Permanent Residence (CPR) status. If an investor is not already residing in the US, he or she needs to file Form DS-230 in his home country at the nearest local US. consulate.

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EB-5 Program Update:

The EB-5 Program has lapsed. The US Congress is discussing the legislation that authorizes the program while USCIS reviews the regulations and policies for filing. Because of the recent court ruling that reversed the 2019 Modernization regulations, the investment level has shifted temporarily from $900,000 back to $500,000.

If the program is reauthorized before the regulations are updated, there may be another window of opportunity to file at $500,000.

LCR expects the program to be reauthorized in December, and continues to work with international families that want to explore alternative residency options.

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