Do I need to be in the U.S. when my I-526 is approved?

No. You are not required to be physically in the United States at the time your I-526 is approved. This petition, which demonstrates your qualifications as an EB-5 investor, can be processed while you reside abroad.

After approval, the next step depends on where you are. If you are already in the United States with a valid immigration status, you may opt for adjustment of status without leaving the country. If you are outside the U.S., the case proceeds through consular processing, which culminates in an interview at the American embassy or consulate in your country of residence.

• The I-526 can be approved while you are outside the United States.
• Inside the U.S. with valid status: adjustment of status.
• Outside the U.S.: consular processing.

Each route has its own requirements, so it is worth confirming the details of your case with the USCIS and qualified immigration professionals before deciding on the best path forward.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.