What Is AOS and What Does It Mean for EB-5 Investors?

Adjustment of status (AOS) has become a trending topic in the EB-5 space, and for good reason. As U.S. immigration policy continues to evolve, more foreign nationals already living in the country are exploring AOS as a potentially faster, more flexible way to obtain a Green Card. But what is AOS exactly, and how does it relate to the EB-5 process?

Below, we’ll explain the basics of adjustment of status, how it compares with consular processing, and why consular processing remains the main route for most EB-5 investors around the world. If you’re living abroad and considering EB-5, this context is especially important—along with the support of an investment advisor who understands your local market and can guide you through each step of the process.

What Is AOS (Adjustment of Status)?

Adjustment of status, commonly referred to as AOS, is the process of applying for a Green Card from within the United States. It allows eligible individuals already living in the U.S. under a valid nonimmigrant visa—such as F-1 (student), H-1B (skilled worker), or L-1 (intra-company transferee)—to “adjust” their status to that of a lawful permanent resident without leaving the country.

In the EB-5 context, this means an investor can file Form I-485, the application to register permanent residence, after or at the same time as Form I-526E, the EB-5 immigrant petition. If the relevant visa category is listed as “current” in the monthly Visa Bulletin, they may be eligible for concurrent filing. This unlocks the ability to live and work in the U.S. while the application is pending, thanks to interim benefits like an Employment Authorization Document (EAD) and Advance Parole for international travel.

Who Can Use AOS in the EB-5 Process?

Not every EB-5 investor qualifies for AOS. This option is only available to those who are physically present in the United States and maintaining lawful status at the time of filing. Tourists and individuals with expired visas are not eligible.

Additionally, concurrent filing is only available to investors from countries where their EB-5 visa category is current. If you are from a high-demand country such as China or India, and the Visa Bulletin shows that your category is not current, you must wait until it becomes current before filing Form I-485. At the time of writing, all EB-5 set-aside categories are in current status.

However, for most EB-5 investors living abroad, these requirements make AOS inaccessible, making consular processing the default route.

AOS vs. Consular Processing: Key Differences

AOS and consular processing are the two pathways for completing the EB-5 immigration process. While both lead to the same Green Card, the experiences are very different.

AOS is often seen as more convenient for those already in the U.S., since it has several benefits like rapidly gaining the right to legally stay and work in the country. However, consular processing is typically the only option for overseas applicants.

Why Most EB-5 Investors Go Through Consular Processing

Even though AOS has gained attention, consular processing remains the primary pathway for most EB-5 investors. That’s largely because the majority of applicants begin their EB-5 journey while living in their home country.

Consular processing doesn’t require applicants to maintain U.S. visa status or deal with domestic restrictions. Once Form I-526E is approved and a visa is available, the applicant schedules an interview at the nearest U.S. embassy or consulate. When their visa is approved, they can enter the U.S. as a conditional permanent resident. Their EB-5 Green Card is then mailed to the U.S. address they provided during processing.

The Value of Local Expertise in Your EB-5 Journey

When applying for an EB-5 Green Card, choosing the right EB-5 project is only part of the equation. The rest comes down to strategy, and that’s where local knowledge matters.

Source-of-funds documentation, banking regulations, and currency controls vary widely between countries. Some markets may face specific barriers when transferring funds abroad, or have local legal systems that require extra paperwork. These factors can significantly impact both the speed and success of your EB-5 application.

That’s why working with an international EB-5 advisor who understands the unique financial and regulatory landscape of your country can make all the difference. At Arcasia Advisors, we support clients across the Middle East, South Asia, Latin America, and East Asia, in addition to many other locations around the world. Our team understands the local challenges you might face and knows how to get things done the right way, without losing sight of U.S. requirements.

Which EB-5 Path Fits Your Situation Best?

While adjustment of status offers a valuable option for those already living in the United States, most EB-5 investors will continue to use consular processing as their main pathway. It remains the most accessible and practical route for international applicants.

If you're considering an EB-5 investment and wondering which path fits your situation best, it’s important to get advice tailored to your specific background and goals. An experienced advisor can help you choose a project, prepare your documentation, and determine the most efficient route to a Green Card—whether through AOS or consular processing.

At Arcasia Advisors, we focus on helping international investors make well-informed decisions based on their unique circumstances. Contact us now to begin your EB-5 journey with a team that understands what matters most to you.