Which pathway is right for you? For EB5 applicants seeking a U.S. green card, the choice between consular processing and adjustment of status (AOS) can shape your journey toward permanent residency.
Both options have unique benefits, timelines, and requirements, making it essential to understand how each fits into your immigration goals. Each year, EB5 investors receive up to 7.1% of all employment-based immigrant visas issued globally. With such a valuable opportunity on the line, this article will break down the differences between these two routes, helping you make the most informed decision based on your individual needs.
Consular Processing vs Change of Status: Key Differences for EB5
When pursuing a U.S. green card through the EB5 program, applicants face a critical choice: consular processing or adjustment of status (AOS). This decision, often influenced by current immigration status, timelines, and personal circumstances, has significant implications for the visa process. Below is an overview of these two options:
- Consular Process: Applicants apply for an immigrant visa through a U.S. consular post in their home country.
- Adjustment to Permanent Residency: Individuals already in the U.S. on a valid nonimmigrant visa, such as an H-1B visa, can file Form I-485 to transition to permanent residency without leaving the country.
Choosing the best option requires understanding how the adjustment to permanent residency compares to applying through a U.S. consulate in terms of eligibility, convenience, and processing time.
What Is Consular Processing and How Does It Work for EB5?
The consular process is a pathway for obtaining an immigrant visa outside the U.S., typically at a U.S. consulate or embassy. It begins with the approval of the I-526 petition by USCIS, confirming eligibility for an employment-based immigrant visa under the EB5 program. The case is then transferred to the National Visa Center (NVC), which assigns a case number, provides instructions, and initiates the visa application.
Applicants complete Form DS-260 and prepare the required documents, including proof of investment, financial statements, civil documents, and a valid passport. During the consular interview, a U.S. officer assesses eligibility. Upon approval, the applicant receives a visa stamp, enabling travel to the U.S. to obtain permanent residency.
Proper organization of documents is essential for a smooth process. Key requirements include the approved I-526 petition, DS-260 form, proof of investment, and medical exam results. The Department of State reviews the case before the interview, ensuring applicants meet all criteria for their U.S. green card.
Green Card Consular Processing Time
The timeline for applying through a U.S. consulate varies depending on the applicant’s visa classification, consulate workload, and individual case complexity. Below is an overview of the typical timeline and the factors that can affect the process.
The Typical Timeline:
- The I-526 Approval to Visa Interview is 6 months to over a year.
Factors Influencing Timeframes:
- Completeness of the DS-260 application.
- Additional administrative processing, such as security checks.
- External factors like travel restrictions or delays at the consulate.
Applicants applying through a U.S. consulate must remain outside the U.S. during the visa process, which may disrupt personal or professional commitments.
Understanding Adjustment of Status Wait Time for EB5 Investors
The adjustment of status (AOS) process provides a convenient option for individuals in the U.S. on a valid nonimmigrant visa, such as H-1B, to transition to permanent residency without international travel. This process involves specific steps, offers unique advantages, and follows a distinct timeline, all outlined below.
Step 1: Filing Form I-485
The applicant submits Form I-485 Adjustment of Status and supporting documents like the approved I-526 petition and proof of eligibility.
Step 2: Biometrics Appointment
USCIS schedules a biometrics appointment to collect fingerprints and photographs.
Step 3: Work and Travel Authorization
Applicants can file for an Employment Authorization Document (EAD) and advance parole to work and travel while waiting for green card approval.
Step 4: Interview and Decision
USCIS may require an in-person interview before deciding on the application.
The adjustment of status has its advantages such as:
- Remain in the U.S.: Avoid the need for international travel and the associated costs and delays.
- Employment Continuity: Maintain or change jobs while your application is processed.
- Stability: Applicants on H-1B status can continue working without interruptions.
Processing Time for Adjustment of Status
The timeline from filing to approval typically ranges from 12 to 18 months, depending on USCIS backlogs and case-specific factors. Applicants often receive an Employment Authorization Document (EAD) within six months, allowing them to continue working while their application is processed.
Consular Processing vs Change of Status for H-1B Visa Holders
For individuals on an H-1B visa, deciding between the change of status and applying for a green card through a U.S. consulate is a critical part of the process.
Change of status allows applicants to remain in the U.S. while filing Form I-485, avoiding international travel and enabling access to an Employment Authorization Document (EAD) for uninterrupted work. In contrast, applying through a U.S. consulate requires applicants to leave the country for a visa interview, which may lead to delays due to administrative reviews or scheduling at the consulate.
For most H-1B visa holders, transitioning to permanent residency provides greater convenience and stability, allowing them to stay in the U.S. while completing the green card application. Understanding the differences between change of status vs consular processing ensures applicants can choose the option that best fits their goals.
Find the Right Path for Your EB-5 Journey
When applying for a green card through the EB5 program, you must decide between consular processing and adjustment of status. Consular processing is a good choice for people who are outside the U.S. or do not have a current visa. This process requires you to apply at a U.S. consulate in your home country and attend an interview there.
At Austin EB5, we want to make this journey easier for you because we understand how important it is to secure a future of stability and opportunity for you and your loved ones. By connecting you to investment opportunities that meet and exceed EB5 program requirements, we aim to maximize your chances of approval and help you achieve your dream of U.S. permanent residency.
Contact us today to learn how we can help you explore EB5 investment options as part of your path to U.S. permanent residency.
Frequently Asked Questions
What is the difference between adjustment of status and consular processing for EB5?
Adjustment of status allows applicants to apply for permanent residence while remaining in the U.S., whereas consular processing requires applicants to apply for an immigrant visa at a U.S. consulate outside the country.
Can I choose adjustment of status or consular processing for my EB5 application?
Yes, applicants can choose between applying for permanent residency in the U.S. and through a U.S. consulate, depending on their circumstances, such as their current immigration classification and location.
What are the eligibility requirements to adjust status for EB5?
To qualify, an applicant must have an approved immigrant petition (I-140), be physically present in the U.S., and meet all other requirements set by U.S. Citizenship and Immigration Services (USCIS).
What documentation is required for the adjustment of status application?
Required documentation includes the approval notice of the immigrant petition, a completed adjustment application form, financial documents, and proof of eligibility to adjust, among others.
Is it possible to change my status to H-1B while my EB5 application is pending?
Yes, you can apply for an H-1B visa while your EB5 adjustment application is pending, but you must meet the eligibility criteria for the H-1B classification.
Can I travel while my application for permanent residency is pending?
Traveling outside the U.S. while your adjustment application is pending can be risky. You should obtain a travel document before leaving, as it may affect your eligibility to adjust upon your return.
