Free EB-5 Project Evaluation Can a foreign national in the U.S. on a visitor visa apply for EB-5?

Yes, a foreign national visiting the U.S. on a nonimmigrant visa may apply for the EB-5 Program and may engage in all the activities necessary to do so—such as retaining legal counsel, conducting due diligence, etc. Depending on the nature of the nonimmigrant visa, however, the foreign national may have to return home before the EB-5 petition is approved.