Yes, In March 2022, the EB-5 Reform and Integrity Act (RIA) was brought into force. One of the changes included in the RIA is the possibility for what is referred to as a “Concurrent Adjustment of Status.” In simple terms, you may wait for your Green Card approval while staying in the USA so long […]

Can an investor wait for the petition to be approved while in the USA?

Yes, In March 2022, the EB-5 Reform and Integrity Act (RIA) was brought into force. One of the changes included in the RIA is the possibility for what is referred to as a “Concurrent Adjustment of Status.” In simple terms, you may wait for your Green Card approval while staying in the USA so long as you have a valid visa of another type.

This option is available only for investors who are in the USA on another type of visa – E2, L1, H1B or B1/B2, for example. Read more here.

In case the investor and their family members do not have a visa to enter the USA, they still have to wait outside of the USA until their I-526 gets approved. Only after the I-526 petition has been approved will they be able to apply for their EB-5 visa and enter the USA.