USCIS Form Updates for PERM Adjustment and EB-5 Investors: What You Need to Know

Apr 30, 2025
2 min read

Updated: May 7, 2025

The U.S. Citizenship and Immigration Services (USCIS) has announced critical updates to immigration forms affecting employment-based permanent residency (PERM) applicants and EB-5 investors. Starting May 28, 2025, only the January 20, 2025, editions of these forms will be accepted. Here’s a breakdown of the changes and how they impact your immigration journey.

Key USCIS Form Updates for PERM Adjustment and EB-5 Investors

The updated forms streamline processes for two major immigration pathways:

Form I-698 (Adjustment from Temporary to Permanent Residency):
- Designed for individuals granted temporary residency through amnesty programs, such as the Immigration Reform and Control Act of 1986, to transition to lawful permanent resident status (Green Cards).
- Requires proof of continuous residency and updated medical exams (no COVID-19 vaccine mandate after January 20, 2025).
EB-5 Investor Forms:
- Form I-526: For standalone investors (1.05M/1.05M/800K minimum investments).
- Form I-526E: For regional center investors (includes $1,000 Integrity Fund fee).
- Form I-829: Removes conditions on Green Cards after 2 years.

Transition Deadlines and Edition Details

Until May 28, 2025: Use either April 1, 2024, or January 20, 2025, form editions.
After May 28, 2025: Only January 20, 2025, editions accepted. Older versions will be rejected.

How to Verify: Verify the edition date listed at the bottom of the form. Access the most current versions exclusively through the official USCIS.gov. website.

Implications for PERM Adjustment Applicants

Form I-698 updates may affect those transitioning from temporary residency through employment-based pathways like PERM:

Include the completed Form I-693 (Immigration Medical Examination Report) with your application submission.
Ensure visa availability by monitoring the Visa Bulletin.
Avoid delays by double-checking eligibility and documentation.

How USCIS Form Updates Affect EB-5 Investors

The changes align with the EB-5 Reform and Integrity Act of 2022:

Investment Requirements:
- Standard investments: $1.05M.
- Targeted Employment Areas (TEAs): $800K.
Visa Retrogression:
- China (January 22, 2014) and India (November 1, 2019) face delays in unreserved categories.
- Set-aside visa categories — including rural projects, infrastructure investments, and high-unemployment regions — continue to maintain current visa availability.
Concurrent Filing: Submit Form I-485 with I-526/I-526E if visas are available, but pay separate fees.

Preparing for USCIS Form Updates

Follow these steps to stay compliant:

Download Updated Forms: Use the January 20, 2025, editions from USCIS.gov.
Review Instructions: Note new documentation rules (e.g., job creation evidence for EB-5).
Consult an Attorney: Navigate complex PERM or EB-5 processes with professional guidance.
Monitor Deadlines: File Form I-829 within 90 days before your conditional Green Card expires.

Final Thoughts

The USCIS form updates for PERM Adjustment and EB-5 Investors aim to modernize applications while ensuring program integrity. By using the correct forms, preparing documentation early, and staying informed on visa availability, applicants can avoid delays and secure their path to U.S. residency.

For updates, visit USCIS.gov or subscribe to their newsletter. Need help? Consult an immigration attorney to navigate these changes confidently.