How to Navigate Immigrant Intent and EB-5 Adjustment of Status

Every year, thousands of people come to the United States on temporary visas to study, others come to work, or visit family. These visas allow people to stay for a limited time with the understanding that they will return to their home countries afterwards.

However, some people decide that they want to stay in the United States permanently. When this happens, they look to options like the EB-5 program as a legal way to accomplish that. But switching from a temporary visa to a permanent residency plan involves a shift in what is known as immigrant intent, which affects how and when you can apply for a Green Card.

This article explains what immigrant intent means and how you can safely move from a temporary visa to a permanent Green Card through the EB-5 program.

What Is Immigrant Intent?

In simple terms, immigrant intent means the desire to live permanently in the United States. When you apply for a U.S. visa, you must follow certain rules about your planned length of stay. Some visa categories allow for dual intent (both temporary stay and possible future Green Card plans), while others do not.

Here is a summary of these categories:

• Nonimmigrant intent visas: Getting any of these visas implies that you plan to stay temporarily. They include F-1 (student), B-1/B-2 (visitor), J-1 (exchange visitor).
• Dual intent visas: With these, you may have plans to stay permanently, and that is acceptable. Examples include H-1B (work), L-1 (intra-company transfer), O-1 (extraordinary ability).

How to Transition to EB-5 While in the U.S.

You can move from a temporary visa to the EB-5 program while staying in the United States through a process called Adjustment of Status. It allows you to adjust your status from a non-immigrant to an immigrant status while remaining in the U.S. The key steps in the transition include:

• Form I-526E is the main petition where you demonstrate your eligibility for the EB-5 program. It requires proof of your investment ($1,050,000 or $800,000 if investing in a targeted employment area) in a U.S. new commercial enterprise and that the enterprise will create the necessary 10 full-time jobs.
• Once the USCIS accepts your I-526E petition and the visa number is available, you can file Form I-485 to adjust your status to that of a Green Card holder. This process allows applicants already in the U.S. to complete their immigration journey without needing to return to their home country.

If you are already in the U.S. on a valid visa and your EB-5 category is “current” in the latest Visa Bulletin, you can file both forms simultaneously through concurrent filing. Additionally, you can apply for an employment authorization document (EAD) and advance parole (AP) to have the flexibility to work legally and travel internationally while your Green Card application is processed.

How to Avoid Legal Issues When Transitioning to EB-5

Even if you qualify for the EB-5 visa, how you handle the process matters because small mistakes can lead to delays or denials. Follow the tips below to stay on track and avoid common problems during your transition:

• Maintain your lawful status: Make sure you stay in a valid visa status throughout your EB-5 process. If your visa expires or you violate its terms, it could hurt your chances of getting a Green Card. To avoid these risks, check your visa expiration dates, follow your visa’s rules, and keep your records up to date.
• Document the evolution of your intent: Keep a clear, timestamped record of how your decision to pursue EB-5 came about. Emails, business plans, conversations with advisors, or personal statements can help prove your intent developed after you entered the U.S.
• Avoid starting EB-5 too early: If you entered the U.S. on a single-intent visa (such as F-1 or B-2), filing for a Green Card too quickly may raise concerns with USCIS. To avoid potential issues, it’s advisable to wait at least 90 days—or provide clear evidence of circumstances prompting your decision—before initiating your adjustment of status.
• Speak with an immigration attorney: Navigating the U.S. immigration system can be complicated. However, a qualified immigration lawyer can help you time your EB-5 and adjustment of status filings properly. They can also assist you in avoiding immigrant intent issues tied to single-intent visas.

Start Your EB-5 Journey the Right Way With EB5AN

Immigrant intent plays a major role in how and when you transition to an EB-5 Green Card holder status, and a misstep can cause serious issues. Even with a strong EB-5 project and a clear path to a Green Card, how you manage your current visa matters.

With more than 10 years of experience, our team at EB5AN understand the ins and outs of immigration intent. We have helped more than 2,700 families from over 70 countries and across all visa types to successfully get their EB-5 Green Cards.

Speak with our expert team for a free consultation on the most effective strategies for transitioning to an EB-5 Green Card.