U.S. Citizenship and Immigration Services (USCIS) will begin requiring a new edition of Form I-485, Application to Register Permanent Residence or Adjust Status, on September 18, 2026. The change is significant for anyone planning to file for adjustment of status, including EB-5 investors who intend to take advantage of the concurrent filing provisions created by the EB-5 Reform and Integrity Act of 2022 (RIA).
While the new Form I-485 does not eliminate or restrict EB-5 concurrent filing, it changes the information applicants must provide regarding public benefits and the public-charge ground of inadmissibility. For EB-5 investors who are eligible to concurrently file their Form I-526E and Form I-485, the September 18 effective date also creates an important filing deadline to consider.
What Is Changing on Form I-485?
The new Form I-485 is being introduced primarily in connection with changes to DHS’s public-charge regulations. The revised form will require applicants to provide more detailed information regarding their receipt of certain means-tested public benefits.
Under the current Form I-485, applicants answer questions concerning particular categories of public benefits, including certain cash assistance and government-funded long-term support. The revised form takes a broader approach to the disclosure of means-tested public benefits and requires additional information when an applicant indicates that he or she has received a qualifying benefit.
This means that applicants may need to provide information concerning the type of benefit received, when it was received, the amount received and other details relevant to the benefit. The practical effect is that the new I-485 will require applicants and their immigration counsel to conduct a more detailed review of the applicant’s public-benefit history.
September 18 Deadline Is Important
USCIS has indicated that the new edition of Form I-485 will become mandatory on September 18, 2026. Applications filed using an older edition after that date may be rejected. This means there will not be an extended transition period during which applicants can continue using the current form.
For an EB-5 investor who is already eligible for concurrent filing and whose I-526E and I-485 package is ready to be submitted, the September 18 date therefore creates a practical planning consideration.
An investor who files before September 18 can use the current edition of Form I-485, assuming the application is otherwise properly prepared and filed. An investor filing on or after September 18 will need to use the new edition and answer the revised questions.
The change does not, however, mean that investors must file their EB-5 cases before September 18. The September 18 date is a form-change deadline, not a deadline for EB-5 concurrent filing.
How Could the New Form Affect EB-5 Investors?
For EB-5 investors, the most immediate impact is likely to be additional scrutiny and documentation surrounding the I-485, rather than any change to the EB-5 investment requirements themselves.
An investor preparing a concurrent filing package will need to ensure that the new public-charge questions are answered accurately and completely. If the investor has received qualifying means-tested public benefits, additional documentation and explanations may be necessary.
This is especially important because an I-485 is not simply an administrative companion to the I-526E. The applicant must independently satisfy the requirements for adjustment of status, including admissibility and other applicable requirements. USCIS states that an adjustment applicant must be eligible to receive an immigrant visa, have an immediately available visa when required, be admissible or eligible for an applicable waiver, and properly file the adjustment application.
As such, investors should view the I-485 as a separate component of the immigration strategy rather than simply as paperwork that accompanies the EB-5 petition.
Why This May Matter for H-1B and F-1 Investors
The change may be particularly relevant to EB-5 investors who are currently in the United States in another nonimmigrant status, including H-1B professionals and F-1 students.
For these investors, concurrent filing can provide an important bridge between their existing immigration status and their eventual EB-5 green card. Once an eligible investor has a pending I-485, the investor may also seek employment authorization and advance parole, subject to the applicable requirements.
USCIS has confirmed that eligible concurrently filed I-526E and I-485 cases are handled through coordination between the Immigrant Investor Program Office and the USCIS offices responsible for adjustment-of-status adjudications.
For someone whose ability to remain and work in the United States is closely tied to a current nonimmigrant status, the decision of when to file can therefore be strategically important.
Should an EB-5 Investor Try to File Before September 18?
There is no universal answer, and investors should make this decision in consultation with their immigration counsel. However, an investor who is already eligible for concurrent filing and has a filing package that is ready to go may want to consider whether there is a benefit to filing before September 18.
Filing before the deadline would allow the investor to use the current Form I-485 rather than the revised form. It would also eliminate the possibility of a rejection simply because the wrong edition was used after the new form becomes mandatory.
At the same time, rushing an EB-5 concurrent filing solely to beat the September 18 deadline would not necessarily be advisable. An improperly prepared or incomplete filing can create substantially greater problems than using the new form. The EB-5 investor must still satisfy all applicable requirements, including visa availability, adjustment-of-status eligibility, admissibility and proper filing requirements.
The better approach is to view September 18 as a planning milestone, rather than an artificial deadline to file at all costs.
The above article is intended for informational purposes only. Anyone with a specific issue relating to filing Form I-526E or Form I-485 should consult with an experienced immigration attorney.
