USCIS further validates this EB-5 project as an approved path toward U.S. residency for foreign investors
Every EB-5 journey begins with a decision to build a future in the United States. For one U.S. Immigration Fund (USIF) investor, that decision took a major step forward when the United States Citizenship and Immigration Services (USCIS) approved their I-526E petition for conditional residency. In addition to the I-526E approval, this investor also received approval of their Form I-485 Application to Register Permanent Residence or Adjust Status—affirming USCIS’s recognition that the investor is eligible to transition from a non-immigrant status to lawful permanent residence while remaining inside the United States.
The approval reinforces USIF’s position as a trusted EB-5 Regional Center Group guiding families through each stage of the immigration investment process. This investor — a Canadian Citizen whose I-526E petition was the very first filed under this project —is the first within the Wave Spa Condos project to receive a decision from USCIS. This investor received an approval notice on September 23, 2025—a positive sign for others invested in the project.
This case is particularly meaningful for the growing number of EB-5 investors who already live in the United States on temporary visas such as F-1 student visas, H-1B work visas, or other non-immigrant categories. By securing both I-526E approval and I-485 Adjustment of Status approval, this investor demonstrates how USIF’s EB-5 projects enable eligible individuals to remain in the U.S. without needing to return to their home country for consular processing. For many students and professionals seeking stability and long-term residency, this dual approval is a strong confirmation that the EB-5 program, through well-structured projects offered by USIF, provides a viable path to achieving permanent residency from within the United States.
Form I-526E is used to petition USCIS for status as an immigrant to the United States. Approval of this petition validates an EB-5 investor’s investment, confirming that they have met all initial program requirements–investing the required $800,000 into a New Commercial Enterprise (NCE), providing lawful evidence of source of funds, and demonstrating that this investment is likely to create at least 10 direct or indirect full-time jobs for qualifying employees. For investors currently in the U.S., pairing the I-526E with a concurrently filed I-485 allows them to live, study, and work anywhere in the United States upon receival of their Employment Authorization Document (EAD). This makes the EB-5 program an increasingly attractive solution for individuals seeking to remain in the United States long-term.
Approval of form I-526E not only indicates that the foreign investor satisfies the initial requirements of the EB-5 program, but also that the regional center project is a viable pathway towards conditional permanent residency in the United States. The first I-526E petition approval is a positive indicator for both current and future investors in the project. Coupled with the I-485 approval, it further affirms that USCIS recognizes this project as approvable for investors adjusting status from within the U.S., reinforcing USIF’s strong track record of supporting individuals seeking continuity in their academic, professional, and personal lives.
Wave Spa Condos is a premier 46-unit luxury beachfront development by Kushner Companies and the newest phase of the successful, multi-phase Pier Village community in Long Branch, NJ. The project offers ocean views, premium amenities, and direct access to Pier Village’s extensive dining, retail, and hospitality options.
With a total project cost of $134 million and a projected $181 million sellout, the development is supported by $32 million in EB-5 funding and is expected to create more than 748 jobs, nearly double the required job creation, thereby exceeding EB-5 requirements. The project also holds I-956F approval from USCIS, further strengthening its position as a compelling and credible EB-5 investment opportunity.
Individuals who are exploring the EB-5 Regional Center Program should be aware of key statutory timelines. Under current legislation, EB-5 investors must file their I-526E petitions by September 30, 2026, to be grandfathered. Additionally, the EB-5 Regional Center Program is authorized through September 30, 2027, unless extended by Congress. Those seeking more information about the Wave Spa Condos project or the EB-5 process may contact U.S. Immigration Fund for program details.
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