Adjustment of Status: How H-1B and F-1 Visa Holders Can Transition to EB-5 Green Cards Without Leaving the U.S.

One of the most valuable but often overlooked advantages of the EB-5 program for those already in the United States is the ability to adjust status without leaving the country. For H-1B professionals and F-1 students, this represents a significant benefit that can streamline your path to permanent residency while maintaining your current life and career in America.

What is Adjustment of Status?

Adjustment of Status (AOS) is the process by which eligible individuals already present in the United States can apply for permanent resident status (green card) without having to return to their home country for consular processing. This process is governed by Section 245 of the Immigration and Nationality Act.

The Critical Advantage for Visa Holders

For H-1B and F-1 visa holders, the ability to adjust status offers several crucial benefits:

1. Continuity of Presence: You can remain in the U.S. throughout the entire green card process

2. Work and Travel Flexibility: With proper authorization, you can work and travel while your application is pending

3. Avoiding Consular Uncertainties: You bypass potential delays and administrative processing at U.S. consulates abroad

4. Maintaining Current Employment/Studies: No disruption to your current professional or academic path

   
   

Eligibility Requirements for Adjustment of Status

To qualify for adjustment of status through the EB-5 program, you must:

• Be physically present in the United States

• Have been inspected and admitted or paroled into the U.S.

• Be in valid nonimmigrant status at the time of filing (with some exceptions)

• Have an approved I-526E petition

• Have a current priority date (when a visa number is available)

• Not be inadmissible to the United States

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H-1B Specific Considerations

For H-1B visa holders, the adjustment of status process offers particular advantages:

• You can maintain your H-1B status and employment while your I-485 is pending

• If your H-1B expires during the process, you may qualify for H-1B extensions under certain circumstances

• You can apply for Employment Authorization Document (EAD) and Advance Parole (AP) as part of your adjustment package

• Once your EAD is approved, you gain the freedom to work for any employer

  
  

F-1 Student Specific Considerations

F-1 students face unique circumstances when pursuing adjustment of status:

• You must maintain valid F-1 status until your I-485 is filed

• If you're in your OPT period, you can continue working with your EAD while the adjustment application is pending

• Once your adjustment-based EAD is approved, you're no longer bound by F-1 employment restrictions

• You're no longer required to maintain a full course load after filing for adjustment

  
  

The Timing Factor: Acting While You're Eligible

For both H-1B workers and F-1 students, timing is crucial. You must file your I-526E petition and subsequent adjustment application while maintaining lawful status. This creates a limited window of opportunity that necessitates proactive planning.

Projects with already-established job creation, like the DOCS Surgical Hospital with its 440+ jobs created, provide greater certainty within this time-sensitive process. When the job creation requirement is already satisfied, one major variable in your immigration journey is eliminated.

The Process: From I-526E to Adjustment

The typical process for visa holders pursuing EB-5 through adjustment of status includes:

1. File I-526E petition while maintaining valid nonimmigrant status

2. Receive I-526E approval from USCIS

3. Check visa bulletin to confirm priority date is current

4. File I-485 adjustment application with supporting documentation

5. Attend biometrics appointment for fingerprinting

6. Respond to any Requests for Evidence if issued

7. Attend interview (if scheduled)

8. Receive conditional green card approval

   
   

Maintaining Status During the Waiting Period

While your I-526E petition is pending (which can take several months to years), you must maintain your underlying nonimmigrant status:

• H-1B holders: Continue working for your sponsoring employer

• F-1 students: Maintain full-time enrollment or authorized practical training

  
  

Once your I-485 is filed, you have more flexibility, especially after receiving your EAD and Advance Parole documents.

Selecting the Right Project for Adjustment of Status

When pursuing adjustment of status through EB-5, project selection becomes even more important. Look for projects that:

• Have already satisfied job creation requirements

• Show tangible construction progress

• Have secured full funding

• Include significant stakeholder investment

  
  

The DOCS Surgical Hospital exemplifies these criteria with:

• 440+ jobs already created (exceeding the 250 requirement)

• Active construction underway

• Full funding secured

• $40M+ in physician equity investment

  
  

Taking Action Now

For H-1B professionals and F-1 students considering the EB-5 path, the ability to adjust status represents a significant benefit that should factor into your timing decisions. By filing your I-526E petition while you maintain valid status, you position yourself to complete your entire green card process without leaving the United States.

With projects that have already created substantial jobs, you gain the dual advantages of reduced immigration risk and the convenience of adjustment of status—a powerful combination for those seeking certainty in their path to permanent residency.