Adjustment of status EB-5: the adjustment process with USCIS in the United States

Adjustment of status EB-5 is the route for investors who are already lawfully present in the United States and want to move directly to a conditional green card without leaving the country. Unlike Consular Processing at a US consulate abroad, this process takes place entirely within the United States through U.S. Citizenship and Immigration Services (USCIS).

Forvisa EB-5investors staying in the United States on a valid nonimmigrant visa such as F-1, H-1B, L-1, E-2 or B-1/B-2, this option opens up early access to work authorisation and international travel permission while the petition is pending. This article analyses in detail the conditions, process, documents and real timelines for adjustment of status EB-5 in 2026.

What adjustment of status EB-5 is

Adjustment of status (AOS) is the legal procedure that allows a person already in the United States in lawful status to become a permanent resident (green card holder) without leaving the country. In the context of the EB-5 immigrant investor programme, AOS is carried out through Form I-485 (Application to Register Permanent Residence or Adjust Status) filed withU.S. Citizenship and Immigration Services (USCIS).

Under the rules of theUSCIS, EB-5 investors can file the I-485 at three different points. First, together with the I-526E (concurrent filing) from the outset. Second, while the I-526E is pending. Third, after the I-526E has been approved. All three options share one prerequisite: an immigrant visa must be available according to the Visa Bulletin at the time of filing.

Once the I-485 is approved, the investor and dependent family members (spouse and children under 21) receive conditional green cards valid for 2 years. On that basis, 90 days before the second anniversary, the investor files the I-829 to remove the conditions and receive a 10-year permanent green card.

Conditions for adjustment of status EB-5

Not every EB-5 investor is eligible for adjustment of status EB-5. The process only suits people who meet several criteria at once regarding residence status, visa availability and entry history.

The core conditions include:

• Being in the United States when filing the I-485 and maintaining lawful status continuously
• Having been lawfully inspected and admitted or paroled into the United States
• Having an I-526 or I-526E that has been filed or approved
• An EB-5 immigrant visa must be available according to the Visa Bulletin (priority date current)
• Not falling into any inadmissibility category under the Immigration and Nationality Act (INA)

According to the analysis inthe EB-5 RIA overview article, investors in reserved visa projects (Rural, High Unemployment, Infrastructure) have a big advantage because these categories are usually current for all nationalities, including Vietnam.

Conversely, investors in theEB-5 Unreservedcategory from Vietnam may face a backlog. In that case, even if they are in the United States on a valid visa, they cannot file the I-485 until their priority date is current on the Final Action Dates Chart or the Dates for Filing Chart (depending on USCIS’s choice each month).

The difference between the Final Action Dates Chart and the Dates for Filing Chart

The US Department of State publishes two date charts in each monthly Visa Bulletin. Understanding these two charts correctly is decisive for being able to file an I-485.

The Final Action Dates Chart shows the date a priority date must reach for USCIS to actually approve the I-485 and issue a green card. The Dates for Filing Chart shows the date a priority date must reach to be allowed to file the I-485, without immediate approval. Each month, USCIS announces on its website which chart is used for filing.

In May 2026, USCIS required all employment-based categories to use the Final Action Dates Chart, according to its official announcement. This is information investors should check every month before deciding when to file.

Concurrent filing trong adjustment of status EB-5

Concurrent filing is an important strategy for investors in the United States on a valid nonimmigrant visa. Under Section 245(n) of the Immigration and Nationality Act, if an EB-5 immigrant visa is available at the time of filing, the investor may file the I-485 at the same time as the I-526E.

The biggest benefit of concurrent filing is the ability to receive work authorisation (EAD) and advance parole within a few months. These two documents allow the investor and dependent family members to work freely for any employer and travel internationally without affecting the pending AOS application.

Currently, the EB-5 Reserved categories (Rural, High Unemployment, Infrastructure) are usually current for all nationalities, opening the way to concurrent filing for investors investing in anEB-5 TEA area. However, according to a warning in the May 2026 Visa Bulletin, some countries with rising demand may face retrogression in the coming months, so following the Visa Bulletin closely is essential.

Documents to file for adjustment of status EB-5

An adjustment of status EB-5 filing has the I-485 as its main form, together with several supporting forms and documents. Preparing everything properly from the start helps reduce the risk of a Request for Evidence (RFE) or delays.

Forms to file

A standard filing for an EB-5 investor using AOS includes:

• Form I-485: Application to adjust status (the main application)
• Form I-693: Immigration medical examination report completed by a USCIS-designated doctor
• Form G-325A: Biographic information (in some cases)
• Form I-765: Application for work authorisation (EAD) — optional but strongly recommended
• Form I-131: Application for Advance Parole — optional but strongly recommended

Supporting documents

Besides the forms, the filing must include evidence proving eligibility:

• A copy of the I-797 approval notice or receipt notice for the I-526E
• Copies of the passport, visa and Form I-94 showing entry and exit history
• 2 visa photos of the size required by USCIS
• Birth certificate with a certified translation
• Marriage certificate (if filing with a spouse)
• Criminal record certificates from Vietnam and any country lived in for more than 6 months since age 16
• Sealed I-693 medical examination report

Every Vietnamese-language document must be accompanied by a certified English translation. Under USCIS rules, the translator must certify their language competence and the accuracy of the translation in an accompanying statement.

Filing fees for adjustment of status EB-5

I-485 fees are currently listed by USCIS separately for each age group, with a biometrics surcharge in many cases. Since 01/09/2022, USCIS has not accepted combined payments for the I-526E and accompanying forms such as the I-485, I-131 and I-765 — each form requires a separate payment.

Specific fees are updated on the official USCIS website. Investors should check the fees in effect at the time of filing as they may change. Besides filing fees, other AOS-related costs include the immigration medical examination fee charged by the designated doctor, certified translation fees and immigration lawyer fees.

The adjustment of status EB-5 process step by step

The adjustment of status EB-5 process goes through several stages from filing to receiving the conditional green card. Understanding each step helps investors prepare as well as possible.

Step 1: Filing and receiving the Receipt Notice

After sending the I-485 and supporting forms to the direct filing address designated by USCIS, the investor receives Form I-797C — Receipt Notice — within 2–4 weeks. This notice confirms that USCIS has received the filing and provides a receipt number for tracking status online.

Step 2: Biometrics

About 4–8 weeks after the Receipt Notice, the investor receives a biometrics appointment at an Application Support Center (ASC) near their residence. At this appointment, USCIS collects fingerprints, a photo and an electronic signature for criminal background checks and FBI record matching.

Step 3: Issuance of the EAD and Advance Parole

For investors who filed the I-765 and I-131 with the I-485, the EAD (Employment Authorization Document) and Advance Parole are usually issued within 2–6 months of filing. These two documents allow work and international travel while the I-485 is pending.

Step 4: Interview (if required)

USCIS has the authority to require the investor to attend an interview at a local field office. For EB-5 cases, the interview is not mandatory, and USCIS often grants an interview waiver when the file is complete, shows no signs of fraud and the I-526E has been approved.

When an interview is required, it focuses on the authenticity of the investment file, current visa status, entry history and marital status (for cases with dependants). Investors should attend with an immigration lawyer to ensure accurate and consistent answers.

Step 5: Approval and issuance of the conditional green card

Once all checks are passed, USCIS makes a decision on the I-485. If approved, the investor and dependent family members receive 2-year conditional green cards by post within 2–4 weeks.

The I-485 approval date is the start of the 2-year conditional residence period and the basis for calculating when to file theI-829 EB-5later.

Adjustment of status EB-5 processing times in 2026

I-485 EB-5 processing time depends on several factors: the project type (Rural, High Unemployment, Infrastructure or Unreserved), the service centre handling the case, the complexity of the file and whether there is an RFE.

According to USCIS data published as of April 2026, I-485 processing times for employment-based categories range from 7.5 to 42 months. For EB-5 cases using concurrent filing and investing in Rural projects with Priority Processing, some I-485s are approved within about 2–6 months after the I-526E is approved.

Factors that slow down processing include:

• Service centres with large backlogs
• Files with missing documents or errors leading to an RFE
• Additional interview requests
• Extended security checks for complex cases

To reduce the risk of delays, investors should prepare a complete file from the start, use an immigration lawyer experienced with EB-5 cases and closely follow official processing times on the USCIS website.

Comparing AOS with consular processing in EB-5

Adjustment of status EB-5 andconsular processingare two parallel routes for EB-5 investors to receive a conditional green card. The choice depends on current residence status, personal goals and each family’s timeline.

The comparison table below clarifies the fundamental differences between the two processes.

Factor	Adjustment of status EB-5	Consular processing EB-5
Where it takes place	In the United States through USCIS	At a US consulate abroad
Eligibility	In the United States on a valid visa	Outside the United States
Main form	I-485	DS-260
EAD and Advance Parole	Can be received within 2–6 months	Not applicable
Interview	May be waived	Mandatory at the consulate
Processing time	2–42 months	3–12 months
Fees	USCIS fees	Department of State fees

Adjustment of status EB-5 suits investors living and working in the United States, especially those who want to keep working and travel freely during the wait. Consular processing is the only option for investors abroad or who do not want to leave the Vietnamese market before receiving their green card.

Risks and important notes when using adjustment of status EB-5

Despite its many benefits, adjustment of status EB-5 also carries some risks that investors need to identify so they have contingency plans.

The biggest risk is maintaining lawful status throughout the process. If the nonimmigrant visa expires before the I-485 is approved and the investor has not yet received the EAD/Advance Parole, they may fall “out of status” — although a pending I-485 usually offers some protection against the risk of deportation.

The second risk relates to international travel. Before receiving Advance Parole, an investor who leaves the United States will be considered to have abandoned the I-485, meaning they must start again through consular processing. Filing the I-131 together with the I-485 from the start is therefore an important preventive strategy.

The third risk is that the I-485 may be denied if the I-526E later receives an RFE/NOID or is denied. In that case, the investor must consider alternatives such as refiling with a different project or switching to another visa category.

Conclusion

Adjustment of status EB-5 is a strategic choice for investors already in the United States on a valid nonimmigrant visa who want to move directly to aUS permanent resident cardwithout leaving the country. The process offers major benefits in terms of the ability to work and travel, and a shorter status transition when combined with concurrent filing of the I-526E.

However, the success of AOS depends on thorough preparation, an understanding of the Visa Bulletin and the support of an immigration lawyer experienced in EB-5 cases. For investors from Vietnam, choosing a project in a reserved visa category (Rural, High Unemployment, Infrastructure) usually offers better concurrent filing opportunities than the Unreserved category, which carries a risk of backlog.