Thousands of skilled workers from India move to the U.S. each year on H-1B visas, filling key roles in industries like tech, healthcare, finance, and other growing industries. However, after up to six years, they must either leave the U.S. or transition to a Green Card pathway.

Sadly, because of their temporary visa status and the fact that many Green Card processes take time, sudden immigration bans or policy changes mean Indian workers on H-1B could lose their ability to live and work in the U.S. Thankfully, one of the best ways to mitigate this risk is through the EB-5 Immigrant Investor Program.

This article will explain how the EB-5 program works and why it offers a strong solution for Indian H-1B holders who want to fast-track their permanent residency to secure their future in the U.S.

Understanding the H-1B Visa

H-1B visas are nonimmigrant work visas that allow U.S. employers to hire skilled foreign workers for specific job roles. The visa is employer-sponsored and usually valid for an initial period of three years, which is extendable to up to six years. During that time, you can live and work in the U.S., but under the following strict conditions:

• You must continue to work for your sponsoring employer.
• You must work in the role described in your H-1B petition.
• You must receive the required wage and meet work conditions approved by USCIS.
• You must not remain unemployed beyond the grace period allowed after a layoff or resignation.

Any change in employment, location, job role, or salary requires an H-1B amendment or transfer because even small errors in paperwork can terminate your H-1B status.

Termination of Employment

The most common cause of unlawful presence for H-1B workers is job loss. If your employer terminates the job offer, your H-1B status ends immediately. However, you have a 60-day grace period to find a new employer and file for an H-1B transfer. If you cannot do that within this time frame, you fall out of status.

When out of status, you can no longer work legally and might begin to accrue unlawful presence. Additionally, you may face penalties when applying for other visas or Green Card pathways. If you remain in unlawful status for over 180 days, you could ultimately face a ten-year ban from reentering the U.S.

How EB-5 Solves These Problems

The EB-5 Immigrant Investor Program is a U.S. government initiative to boost economic growth and create jobs through foreign capital in exchange for permanent residency. To qualify, applicants must make the minimum required investment of $800,000 for projects in targeted employment areas (TEAs) and $1,050,000 for non-TEA projects. Furthermore, the investment must create at least 10 full-time jobs for American workers.

Unlike the H-1B visa, the EB-5 program offers the following benefits:

• Freedom from employer sponsorship: The biggest advantage of EB-5 is that it does not depend on employment. Even if you, as an H-1B worker, lose your job after filing an EB-5 petition, you can still move forward with your Green Card application. In fact, you can switch careers, start your own business, or even stop working if needed.
• Faster processing through reserved categories: Compared to the decades-long waiting times for Indian nationals under other immigrant visa categories like EB-2 or EB-3, the EB-5 reserved categories currently have faster processing times.
• Protection from future immigration bans: Most immigration restrictions affect nonimmigrant visas like the H-1B. By getting permanent residency through EB-5, you avoid sudden policy changes that affect temporary visa holders.
• Family security: EB-5 allows you to include your spouse and children (under 21) in your petition. If eligible to adjust status concurrently, your family can qualify for work and travel rights even before the Green Card is approved, depending on your case and filing strategy.
• Path to U.S. citizenship: You and your family become eligible to apply for U.S. citizenship within just five years of receiving your Green Cards.

How Indian H-1B Families Can Access Green Card Privileges in Weeks

As mentioned above, thanks to changes introduced by the EB-5 Reform and Integrity Act, Indian H-1B workers can now take advantage of concurrent filing. This allows them to submit their EB-5 petition (Form I-526E) and their adjustment of status application (Form I-485) at the same time, if the visa category is current for India.

With this option, you can receive important immigration benefits (before your Green Card is approved) within a few months. These include:

• Employment Authorization Document (EAD) to work legally in the U.S.
• Advance Parole to travel internationally without needing a visa re-stamping.
• Legal protection to stay in the U.S. while your Green Card application is pending, even if your H-1B status ends.

This means Indian H-1B workers and their families can continue living and working in the U.S., independent of their H-1B or H-4 status. They can also travel more flexibly, which is especially helpful for spouses who face delays in renewing their H-4 permits.

Why Indian H-1B Workers Need to Act Fast

Indian nationals make up more than 72% of all H-1B visa recipients, according to a recent Department of Homeland Security (DHS) report. With such high demand, Indian H-1B holders face growing backlogs in the EB-5 program, especially in the unreserved category, which is already retrogressed for Indian applicants. While visa set-aside categories are still available, they could retrogress soon, thus ending the concurrent filing advantage.

The U.S. government monitors Green Card demand through the monthly Visa Bulletin. If EB-5 applications from India continue to rise in specific categories, cut-off dates for reserved set-aside visas could also be introduced, just like the unreserved categories. So, filing now, while priority dates remain current, offers a unique opportunity for Indian H-1B holders to move forward on a stable path to permanent residency.

Contact EB5AN to Secure Your Future in the U.S.

H-1B holders face many risks, as one job layoff, delay, or switch in policy can threaten everything you have built so far. Luckily, the EB-5 program can give you the flexibility and peace of mind to create a more secure future in the United States.

EB5AN, a leading EB-5 firm, specializes in guiding investors, including Indian nationals, through the complexities of the EB-5 program. With over a decade of experience, we have helped more than 2,700 families from 70+ countries become lawful United States Green Card holders.

Feel free to book a one-on-one call with our team today so you never have to worry about your legal status again.

While the idea of investing in a U.S. project that creates at least 10 full-time jobs to get a Green Card sounds straightforward, the actual EB-5 process can be more complex. In fact, if you are just starting out, it can feel like you’re walking into a maze of legal documents, rules, and timelines.

Additionally, small mistakes or delays at any step can cause your case to slow down or even be denied. Therefore, you need to put in the work to do everything right so that your dream of becoming a U.S. citizen can come to pass.

In this article, we will discuss practical ways to avoid delays, reduce stress, and build a solid strategy that keeps your Green Card process moving forward.

8 Ways to Make Your Green Card Process Faster

Speed matters in the EB-5 process because the longer your case takes, the more risk you are likely to face. Moreover, since issues like policy changes, visa backlogs, and project problems can happen, it is best to take proper control of the parts of the process you can influence. In no particular order, here are eight practical ways to do so.

1. Set Clear Immigration Goals and Timeline

Start your EB-5 visa journey by writing down your immigration goals. Are you moving for your child’s education, for business reasons, or to retire in the U.S.? Knowing your goals helps you make better decisions.

First, you can create a written plan that shows how you will carry out key steps like finding a project, transferring your funds, filing your petition, attending your interview, and entering the U.S. Next, break each big task into smaller actions to track your progress and update it monthly. That way, you are less likely to miss deadlines or make decisions that might negatively affect your goals.

2. Hire an Experienced EB‑5 Immigration Attorney

When it comes to EB-5, you need to hire an immigration attorney who specializes in EB-5, understands the latest laws, and has filed many I-526E petitions. Before choosing someone, confirm details like how many approved EB-5 cases they have handled in the past year and what they do when USCIS sends a request for evidence (RFE).

With the right lawyer, you won’t have to struggle with choosing the right project and collecting necessary documentation to make the entire process more predictable. Additionally, they can provide guidance on the redeployment of funds if your project experiences delays.

3. Seek Rural TEA Projects

Rural EB-5 projects qualify for priority processing and special visa allocations. Therefore, choosing one can reduce your wait time by months, or even years. According to the U.S. Census Bureau, rural areas are places with fewer than 20,000 people or are far from a large city. Feel free to ask project sponsors for proof that a project qualifies under these categories to put your Green Card application on a faster track.

4. Document Lawful Source of Funds Early

Proving source of funds is one of the most common causes of delays during the EB-5 process. This is because you must prove that every dollar was earned legally and moved through transparent channels. As a result, it is best to start gathering your documents early and translating them into English.

Here, you would need employment records, business income reports, tax returns, property sale agreements, and more. If the funds came from a gift, you’ll need a gift letter and the donor’s financial documents. Also, it is advisable to create a flowchart showing the entire path of your funds, from origin to escrow, if they came from multiple sources.

5. Verify the Project’s Compliance and Track Record

Before you invest, make sure your chosen project is real, compliant, and has a good track record. Make sure you conduct due diligence by reviewing the business plan, job creation report, financial projections, and asking for the I-956F receipt that shows USCIS has reviewed the project.

For a regional center, verify that it has a history of successful projects and that past investors received their money back. Also, once you invest, ask the project managers for updates on construction and job creation progress to prepare for your I-829 petition down the road.

6. Review Exit Strategies Before You Invest

While your EB-5 investment must remain at risk for at least two years, you’ll want your money back afterward. This is why you must read and understand the exit strategy before you invest.

Some projects might plan to sell properties, and others may refinance the loan or use operating profits to repay investors. Thus, you must make sure to find out when you’ll be eligible for repayment and what conditions must be met so you can manage your long-term finances and reduce the risk of loss.

7. Use Concurrent Filing to Gain Early Benefits

If you already live in the U.S. on a valid visa, such as an F-1 or an H-1B, you may be eligible for concurrent filing. This means you can file Form I-485 (adjustment of status) at the same time as your I-526E petition.

Concurrent filing also allows you to apply for a work permit and travel document, which are usually approved within three to six months. With it, you have the flexibility to work, travel, or remain in the U.S. legally without relying on your old visa.

8. Keep Up With EB-5 Program Changes

The EB-5 program has changed many times in the past, and more changes may happen in the future. As such, you should be intentional about following updates from trusted EB-5 law firms or industry groups so you can respond accordingly. You can also subscribe to the USCIS newsletter and be sure to check out the Department of State’s monthly Visa Bulletin.

Other Helpful Tips to Keep in Mind as an EB-5 Investor

Below are some extra steps you can take during the EB-5 process to stay organized and avoid unnecessary surprises:

• Keep your non‑immigrant status valid: If you’re in the U.S. on a visa, make sure you renew it on time so that it stays valid while you wait for your Green Card. Failure to do so may force you to leave the country and apply from abroad in some cases, which adds time and stress.
• Plan your family members’ paperwork: Your spouse and children under 21 can get Green Cards with you, but their documents must also be complete and accurate. To avoid any last-minute delays, make sure their passports remain valid during the application process. Furthermore, plan to get long-form birth certificates, marriage certificates, and school records, etc., if needed.
• Budget for all fees and unexpected costs: The EB-5 process will involve some other costs, like USCIS filing fees, attorney fees, wire transfer costs, and medical exam fees. It is advisable to calculate these in advance to help you handle all these without stress.
• Respond to USCIS requests for evidence quickly: Sometimes, USCIS sends a request for evidence if something is unclear in your petition. While an RFE is not always a bad sign, you need to work closely with your attorney to handle it quickly and carefully.

Fast-Track Your EB-5 Process With EB5AN

The EB-5 process can be complex for newcomers, but you do not have to go through it alone. Partnering with the right EB-5 professionals can make the difference between a frustrating experience and a smooth, well-managed journey to your Green Card.

At EB5AN, we’ve helped over 2,700 families from more than 70 countries become lawful permanent residents of the United States. With over a decade of experience in the EB-5 industry, we understand and resolve many different challenges investors may face along the way.

Schedule a free consultation with our team today to begin your journey toward U.S. permanent residency in no time.

Not everyone can liquidate $800,000 overnight, and that’s perfectly normal. Whether funds are tied up in a business, a fixed deposit, or an asset sale still in motion, many investors face timing issues when it comes to meeting the full EB-5 investment amount upfront.

Thankfully, installment plans make it possible to begin the EB-5 process with a partial payment. This growing trend allows eligible investors to lock in their priority date, stay compliant with USCIS rules, and complete the remaining investment over time, without disrupting financial plans.

In this article, we will discuss how to use a partial payment to finance your EB‑5 investment to achieve your immigration goals.

Understanding the EB-5 Investment Rules

The EB-5 Immigrant Investor Program offers a pathway to U.S. permanent residency through investment. However, to qualify, you must create at least 10 full-time jobs for U.S. workers by investing either:

• $800,000 in a rural, high-unemployment, or infrastructure project, or
• $1,050,000 in any other qualifying commercial enterprise.

Your money must remain “at risk” for the duration of your conditional residence, meaning there can be no guarantees of return. Alongside the financial commitment, you must prove the lawful source and path of funds. USCIS wants clear records that show how you earned the money, moved it through banks, and ultimately sent it to the EB-5 project’s escrow or operating account.

The processing timeline to eventually get a Green Card can sometimes be lengthy, and this timeline can even be longer for applicants from high-demand countries with backlogs, like India and China in the Unreserved categories. While many foreign nationals are ready to invest the full funds upfront, not everyone can free such a large sum immediately. That’s where the installment plan enters the picture.

How Does an Installment Plan Work

An installment plan allows you to pay the required EB-5 investment amount in phases. Instead of wiring $800,000 or $1,050,000 all at once, you contribute a portion, usually about half, first. As an EB-5 investor, you would typically transfer the initial amount to a reputable escrow bank account after signing an agreement with the regional center to provide the remaining funds in a few months.

This model has gained traction in recent years as more regional centers adjust to investor needs. Moreover, the arrangement complies with the EB-5 criteria that require an investment “to be in the process of being made” at the time of your I-526E filing.

Why Installment Plans Make Sense for EB-5

A partial funding plan offers the following advantages to EB-5 investors:

1. Secures Your Priority Date

With just the first installment, you can file Form I-526E and lock in your priority date. This is especially useful for investors from high-demand countries, where backlogs may cause delays. Early filing helps you secure a place in line and reduces the risk of waiting longer if visa retrogression occurs.

If you’re already in the U.S. on another visa, partial funding can also let you file for adjustment of status, along with work and travel permits. This can help you stay legally in the U.S. and access other benefits while waiting for your Green Card. However, concurrent filing is only allowed if your chargeability area remains current; once your country faces retrogression, you lose that option.

2. Allows for Favorable Asset Sales

Many investors face liquidity issues as their funds might be tied up in maturing investments or in assets that aren’t ideal to sell right now. With an installment plan, you don’t need to liquidate everything immediately. You can start your EB-5 process with available funds and time your remaining payments with upcoming asset sales or maturing securities, thus avoiding losses from rushed decisions.

3. Protects Your Children From Aging Out

Children included in your EB-5 petition must be under 21 to qualify as your dependents. If your child is nearing that age, an installment plan can help because under the Child Status Protection Act (CSPA), a child’s age freezes when Form I-526E is filed. For example, if your child is 20 years and 8 months old at the time of filing, they remain that age during USCIS processing, even if it takes several months.

How to Make Partial Payments for EB-5

Below is a step-by-step guide on how to carefully use an installment plan:

1. Choose a Project That Accepts Installments

Not all EB-5 projects offer installment options. So, you should focus on regional centers that allow partial payments. When reviewing a project:

• Ask about the minimum first payment and follow-up schedule.
• Confirm escrow terms, refund policies, and any bridge loan use.
• Ensure the job-creation timeline is solid.
• Review the subscription agreement with your attorney to confirm the terms support installment-based contributions.

2. Prepare Documentation for Source of Funds

Each installment must come from a lawful source, and USCIS will examine this closely. For your first tranche, gather:

• Bank statements showing available cash or deposit maturity.
• Tax returns and employment pay slips.
• Business income reports, if applicable.
• Gift affidavits for family-contributed funds.
• Sale deeds for property sold to generate funds.

Also, begin preparing future documents, even if you haven’t wired the money yet. For example, if you expect a property sale in six months, keep your purchase and appraisal documents ready.

3. Wire the First Installment to Escrow

To avoid future issues, do the following when making your first payment:

• Transfer from an account in your name.
• Choose a reliable international bank with strong compliance.
• Avoid third-party or unclear fund routes and save all records.

4. File Form I‑526E

With your initial tranche paid and documented, your attorney can now prepare and file Form I-526E. The petition should include documents like the source of funds report, escrow agreement, and subscription agreement. As stated earlier, this filing locks in your priority date, which is critical if your country faces visa caps or future rule changes.

5. Plan Proof for Future Tranches

While USCIS accepts staged funding, they expect you to be completely transparent on how you plan to fulfill the rest of the investment. As such, you should:

• Keep a detailed timeline of when you will send each payment.
• Draft documents for asset sales or transfers.
• Stay ready to update these when each payment occurs.

For example, if your next tranche comes from a maturing bond, gather the original investment certificate and maturity notice early.

Key Things to Know Before Committing to an Installment Plan

Indeed, partial funding has several advantages, but you should take note of the following before going down that route to avoid any delays:

1. Funds Availability

USCIS requires that you have access to the full $800,000 at the time of filing your I-526E petition, even when you’re investing in installments. As such, you must provide evidence showing that you have the entire $800,000 in cash or assets in the liquidation process and are committed to completing the investment within the specified time. Additionally, anticipated earnings like future income or bonuses do not qualify as committed capital for an installment plan.

2. Sustainment Period

While you can file your I-526E after making the first installment, the two-year sustainment period will not start counting until after the final payment is made to the EB-5 project. So, you do not want to drag on making your complete investment

3. Keep Identical Sender Names

All funds should come from bank accounts in your name. If any money comes from a joint account or a relative, USCIS will want clear explanations and documents. To avoid complications, do not:

• Use corporate accounts.
• Mix unrelated party funds.
• Route funds through unregulated platforms.

4. Use a Single Corridor Bank

It is best to choose one strong bank to handle all international transfers. This reduces the risk of transaction errors, currency conversion issues, and missing documentation. Using a reputable bank with anti-money-laundering (AML) compliance is also recommended because USCIS values clean and traceable paperwork.

Create Your EB-5 Installment Plan With EB5AN

You don’t need to delay your dream of becoming a U.S. Green Card holder just because you don’t have $800,000 ready today. With partial payments, you can begin your EB-5 journey now, while you prepare the rest of your investment responsibly.

EB5AN has over a decade of experience in guiding investors through their EB-5 journey. So far, we have helped over 2,700 families from 70+ nationalities become U.S. permanent residents through the EB-5 program.

Book a free one-on-one consultation with our EB-5 experts today to start your EB-5 journey with an installment plan that works best for you.

If you are an international student in the U.S. on an F-1 visa, then you know the uncertainty that comes after graduation or when your visa runs out. You must either leave the country, continue your studies, or find a way to change your immigration status.

One way to gain more control over your future in the U.S. is by exploring the EB-5 Immigrant Investor Program. This program lets you move from temporary status to permanent residency by investing in the U.S. economy.

This article explains how F-1 students can use the EB-5 program to adjust their immigration status and stay in the country legally.

What Is the EB-5 Visa Program?

The EB-5 Immigrant Investor Program is a U.S. government program that allows foreign nationals to apply for a Green Card by making a qualifying investment in a U.S. business. The program started in 1990 and aims to boost the U.S. economy through job creation and investment. To qualify, you must invest at least $800,000 in a targeted employment area (TEA) project or $1,050,000 in a non-TEA project.

Once you apply and meet the program requirements, the U.S. government can grant you a conditional Green Card that is valid for two years. After that, you must show that your investment created the required jobs to remove the conditions to get a permanent Green Card.

Key Benefits for F-1 Students Using EB-5

The F-1 visa does not offer a clear path to a Green Card. It has time limits, requires you to keep full-time study, and offers only short work options like OPT. With the EB-5 program, all these become a thing of the past. Below is a closer look at the advantages of using the EB-5 route as an F-1 student visa holder.

1. Adjust Status From Within the U.S.

If you are already in the U.S. on an F-1 visa, you can continue living in the U.S. legally while your Green Card application is processed. You can apply for adjustment of status by filing Form I-485 once your EB-5 petition is filed and your visa category is current. There is no need to go back to your home country for consular processing, which can cause delays or uncertainty.

2. No Employer Sponsorship Required

Unlike the H-1B or employment-based Green Card options, the EB-5 visa does not depend on employer sponsorship. Therefore, you do not need a job offer, work authorization, or company sponsorship. As long as you make a qualifying investment and meet the program’s requirements, you have full control over your future.

3. No Lottery System Like H-1B

Every year, thousands of students apply for the H-1B work visa, but the program is limited because only a set number of H-1B visas are available each year. As such, applicants must go through a lottery system, and many do not get selected. However, with EB-5, you are not depending on luck and can plan with more certainty.

4. Faster Path to Green Card

If your EB-5 visa category is current on the Visa Bulletin, you can receive a Green Card in as little as 12 months. You can also qualify for priority processing by investing in rural TEA projects.

5. Work and Travel Flexibility

While you file Form I-485, you can apply for Form I-765 (employment authorization) and Form I-131 (advance parole for travel). These documents allow you to live, work, and travel freely in the U.S. while your Green Card is being processed. This way, you do not have to rely on the limited rules of your F-1 visa or OPT to stay in legal status.

6. Direct Path to U.S. Citizenship

Once you receive your conditional Green Card through EB-5, you become a lawful permanent resident. Then, after five years of holding this status, you can apply for U.S. citizenship by naturalization.

Transitioning From F-1 to EB-5 Visa: Step-by-Step Process

If you’re an F-1 student thinking about the EB-5 visa, it is important to understand the steps involved. Here is a summary of how it works:

• Confirm investment funds: Ensure you have access to the required investment amount. The money can come from your own savings, a gift from your family, or any legal source of income. Also, you must show the source of funds with full documentation.
• Choose a project: Most F-1 students invest under the EB-5 program through regional centers. These are approved organizations that manage EB-5 projects and handle job creation, reporting, and compliance. Generally, you should pick a project that has a good track record and is located in a TEA to qualify for a lower investment amount.
• File Form I-526E: Once you invest, your immigration attorney will file Form I-526E, which tells USCIS that you have met all EB-5 program rules. After filing this petition, you will get a priority date. This date helps decide when you can move to the next step, depending on visa availability for your country.
• File Form I-485: If your visa category is current, you can file Form I-485 to register for permanent residence or adjust status. You may even be able to file this at the same time as your I-526E. This is called concurrent filing, and it is allowed for people already in the U.S. on a valid status, like an F-1.
• Apply for work and travel permits: When you file Form I-485, you can also apply for Form I-765 and Form I-131. You will likely receive these permits in 3 to 6 months, and they help you avoid problems with your F-1 status if your OPT expires.
• Receive a conditional Green Card: Once your I-526E and I-485 are both approved, USCIS will issue a conditional Green Card. It gives you a lawful permanent resident status with full rights to live, work, and study in the U.S.
• File Form I-829: Finally, you will file Form I-829 within the 90-day window before your conditional Green Card expires to remove the conditions on it. If approved, you will receive a full, unconditional permanent resident status.

Secure Your Future in the U.S. With the EB-5 Visa

If you’re an F-1 student planning to remain in the U.S. after graduation, the EB-5 program could be your most direct route to permanent residency and eventually citizenship. Unlike other visa options, EB-5 gives you more control over your immigration journey by removing the uncertainty of employer sponsorships and lottery systems.

The key is choosing the right investment and filing strategy to fit your timeline and goals. That’s where EB5AN can help. With more than 2,700 families guided successfully through the EB-5 process, including international students like yourself, our team is ready to assist you every step of the way.

Schedule a free consultation with an EB5AN expert today and begin your journey to permanent residency.

Every year, thousands of people come to the United States on temporary visas to study, others come to work, or visit family. These visas allow people to stay for a limited time with the understanding that they will return to their home countries afterwards.

However, some people decide that they want to stay in the United States permanently. When this happens, they look to options like the EB-5 program as a legal way to accomplish that. But switching from a temporary visa to a permanent residency plan involves a shift in what is known as immigrant intent, which affects how and when you can apply for a Green Card.

This article explains what immigrant intent means and how you can safely move from a temporary visa to a permanent Green Card through the EB-5 program.

What Is Immigrant Intent?

In simple terms, immigrant intent means the desire to live permanently in the United States. When you apply for a U.S. visa, you must follow certain rules about your planned length of stay. Some visa categories allow for dual intent (both temporary stay and possible future Green Card plans), while others do not.

Here is a summary of these categories:

• Nonimmigrant intent visas: Getting any of these visas implies that you plan to stay temporarily. They include F-1 (student), B-1/B-2 (visitor), J-1 (exchange visitor).
• Dual intent visas: With these, you may have plans to stay permanently, and that is acceptable. Examples include H-1B (work), L-1 (intra-company transfer), O-1 (extraordinary ability).

How to Transition to EB-5 While in the U.S.

You can move from a temporary visa to the EB-5 program while staying in the United States through a process called Adjustment of Status. It allows you to adjust your status from a non-immigrant to an immigrant status while remaining in the U.S. The key steps in the transition include:

• Form I-526E is the main petition where you demonstrate your eligibility for the EB-5 program. It requires proof of your investment ($1,050,000 or $800,000 if investing in a targeted employment area) in a U.S. new commercial enterprise and that the enterprise will create the necessary 10 full-time jobs.
• Once the USCIS accepts your I-526E petition and the visa number is available, you can file Form I-485 to adjust your status to that of a Green Card holder. This process allows applicants already in the U.S. to complete their immigration journey without needing to return to their home country.

If you are already in the U.S. on a valid visa and your EB-5 category is “current” in the latest Visa Bulletin, you can file both forms simultaneously through concurrent filing. Additionally, you can apply for an employment authorization document (EAD) and advance parole (AP) to have the flexibility to work legally and travel internationally while your Green Card application is processed.

How to Avoid Legal Issues When Transitioning to EB-5

Even if you qualify for the EB-5 visa, how you handle the process matters because small mistakes can lead to delays or denials. Follow the tips below to stay on track and avoid common problems during your transition:

• Maintain your lawful status: Make sure you stay in a valid visa status throughout your EB-5 process. If your visa expires or you violate its terms, it could hurt your chances of getting a Green Card. To avoid these risks, check your visa expiration dates, follow your visa’s rules, and keep your records up to date.
• Document the evolution of your intent: Keep a clear, timestamped record of how your decision to pursue EB-5 came about. Emails, business plans, conversations with advisors, or personal statements can help prove your intent developed after you entered the U.S.
• Avoid starting EB-5 too early: If you entered the U.S. on a single-intent visa (such as F-1 or B-2), filing for a Green Card too quickly may raise concerns with USCIS. To avoid potential issues, it’s advisable to wait at least 90 days—or provide clear evidence of circumstances prompting your decision—before initiating your adjustment of status.
• Speak with an immigration attorney: Navigating the U.S. immigration system can be complicated. However, a qualified immigration lawyer can help you time your EB-5 and adjustment of status filings properly. They can also assist you in avoiding immigrant intent issues tied to single-intent visas.

Start Your EB-5 Journey the Right Way With EB5AN

Immigrant intent plays a major role in how and when you transition to an EB-5 Green Card holder status, and a misstep can cause serious issues. Even with a strong EB-5 project and a clear path to a Green Card, how you manage your current visa matters.

With more than 10 years of experience, our team at EB5AN understand the ins and outs of immigration intent. We have helped more than 2,700 families from over 70 countries and across all visa types to successfully get their EB-5 Green Cards.

Speak with our expert team for a free consultation on the most effective strategies for transitioning to an EB-5 Green Card.

Concurrent filing has made the EB-5 immigration process more efficient by allowing eligible investors to submit key applications at the same time. This change lets applicants file Form I-526E and Form I-485 together, instead of waiting for one to be approved before starting the next.

Before this update, foreign nationals pursuing EB-5 Green Cards had to endure long waiting periods between steps, creating unnecessary delays and uncertainty. The introduction of concurrent filing helps cut down on that time, giving investors a faster, more streamlined path to permanent residency.

In this article, you’ll learn what concurrent filing means, how it works, and how it can benefit you as an EB-5 investor.

What Is Concurrent Filing?

Concurrent filing means submitting two related immigration forms to U.S. Citizenship and Immigration Services (USCIS) at the same time. Here, you can file your EB-5 visa petition or Form I-526E together with your adjustment of status application or Form I-485 to become a permanent resident.

Before the EB-5 Reform and Integrity Act (RIA) was passed in 2022, you had to wait for the Form I-526E to be approved before you could file Form I-485. Now, if you qualify, you can file both forms together. Furthermore, your spouse and unmarried children under 21 can file adjustment of status applications concurrently with you.

What Are the Benefits of Concurrent Filing?

The most obvious benefit of concurrent filing is that it shortens the overall time you will wait to receive your permanent residency. However, it also offers other advantages like:

• Work authorization: Filing Form I-765 concurrently allows you to obtain an Employment Authorization Document (EAD). With this form, you can work legally in the U.S. or start your own business, if you wish, while your Green Card application is pending.
• Travel flexibility: With Form I-131, you can receive advance parole, which permits you to travel outside the U.S. and return without disrupting your pending adjustment of status. This is especially useful for international business or family obligations.
• Maintain legal status: Concurrent filing can help bridge any gaps in your immigration status if your current nonimmigrant visa is nearing expiration. It ensures you remain lawfully present in the U.S. while your EB-5 application is reviewed.

How Does Concurrent Filing Work?

Concurrent filing follows a clear process but comes with specific requirements. To take advantage of this option, EB-5 investors must meet eligibility criteria and follow several key steps, from confirming visa availability to submitting the correct forms while in the U.S.

1. Confirm Your Visa Availability

The EB-5 program has annual limits on the number of visas issued, and these limits are divided by country of origin. Visa availability is tracked through the Department of State’s Visa Bulletin, which shows priority dates for each category and country. For concurrent filing to be possible, your priority date must be current, meaning a visa number is available for immediate use.

2. Be Physically Present in the U.S.

Concurrent filing applies only to investors who are already in the United States on a lawful nonimmigrant visa, such as an H-1B, L-1, or F-1 visa. Foreign nationals outside the U.S. cannot file Form I-485. Instead, they must complete consular processing after their Form I-526E approval.

3. Prepare and Submit Your Forms

You must prepare Form I-526E to demonstrate your eligibility for the EB-5 program, and Form I-485 to request adjustment of status. Supporting documents to provide include proof of investment and evidence of job creation.

Additionally, you have the option to file Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document) concurrently with your Form I-485. These permits allow you to work and travel while the adjustment application is pending.

4. Wait For USCIS’ Review

Wait for USCIS to review your I-526E petition and the I-485 application. If both meet the requirements, you and your immediate family members will be issued conditional Green Cards valid for two years. This process can take a few months, depending on processing times.

However, applicants in EB5AN’s rural TEA projects have been receiving I-526E approvals in under 10 months. Keep in mind that at this stage, USCIS may request additional evidence or schedule interviews to verify your information.

5. File Form I-829

You can file Form I-829 within 90 days before your conditional Green Card expires to remove the restrictions on your residency. Here, you will have to prove that your investment met all the program requirements.

How Visa Retrogression Affects Concurrent Filing for EB‑5 Investors

Visa retrogression occurs when demand exceeds annual visa supply, and the Department of State sets a cutoff date in the monthly Visa Bulletin. If retrogression sets in:

• Applicants with retrogressed priority dates cannot file Form I‑485 concurrently with Form I‑526E, even if they are already in the U.S.
• As of the July 2025 visa bulletin, India and China’s unreserved EB‑5 categories are retrogressed, blocking concurrent filings for that pathway.
• Yet, reserved categories remain current, allowing Indian and Chinese investors in rural, high-unemployment, or infrastructure projects to still file concurrently, for now. But the January visa bulletin’s warning means this benefit could be short-lived.
• If cut‑off dates for reserved categories are imposed, new concurrent filing in those categories will be disallowed. That’s why monitoring the Visa Bulletin and filing promptly is critical.

Don’t Miss the Window to File Concurrently

As long as you meet the eligibility requirements, concurrent filing can accelerate your path to permanent residency. Additionally, you get to enjoy work and travel benefits during the waiting period.

To navigate this complex process successfully, you should consult with experienced immigration professionals to avoid costly mistakes. With over a decade of experience and a 100% USCIS project approval rate, EB5AN has helped more than 2,700 families from 70+ countries navigate the EB-5 process successfully. We specialize in high-quality, low-risk regional center projects and provide expert support through every step of your immigration journey.

If you would like to know how you can take advantage of concurrent filing, book a free call with our expert team today.

When considering the EB-5 visa, most investors focus on the investment amount or which project to choose. While these decisions are important, another critical factor is often overlooked: how long your investment must remain active.

Many investors aren’t sure when they can withdraw their funds—or how that timing affects their Green Card approval.

In this article, we’ll explain why investment duration plays a key role in EB-5 success, how it affects your eligibility, and what to evaluate before choosing a project.

What the EB-5 Program Requires From Investors

The EB-5 Immigrant Investor Program allows foreign nationals to apply for U.S. permanent residency if they invest in a U.S. business and help create jobs. The key requirements include:

• A minimum investment of $800,000 in a targeted employment area (TEA) or $1,050,000 in a non-TEA.
• Your investment leading to the creation of at least 10 full-time jobs for U.S. workers.
• Putting your funds into a new commercial enterprise (NCE) and maintaining it for the required period.
• Actively engaging in the process, either directly or through a regional center.

Once your Form I-526E petition for regional center investments is approved, you can apply for a conditional Green Card. It lasts for two years, and 90 days before it expires, you must file Form I-829 to remove the conditions. Once it is approved, you will receive unconditional permanent residency.

Why Does the Investment Duration Matter?

The length of the EB-5 investment directly affects your ability to meet the program’s rules and secure a U.S. Green Card. If it ends too early, you may not meet the legal requirements. If it stays in too long without proper planning, it can create financial strain or unexpected risks. Below is a closer look at why your investment duration matters.

Many investors are drawn to EB-5 projects that promise a quick return—sometimes in as little as two to four years. While this can sound appealing, especially for those eager to regain liquidity, it often introduces serious risks.

Short-term projects may not allow enough time for the business to create the full 10 jobs required by USCIS. If the jobs aren’t created before your funds are returned, you may lose your eligibility for a permanent Green Card. Even worse, some short-duration offerings depend heavily on EB-5 capital or lack traditional financing support, which can increase the likelihood of delays, refinancing issues, or project failure.

And if your investment is repaid before the two-year sustainment period ends, the regional center is required to redeploy your funds into another qualifying project. This redeployment is often done without your direct involvement, and the second investment might carry very different (and potentially riskier) terms. It’s also worth noting that an ongoing lawsuit by IIUSA is challenging the reduced sustainment period, arguing that two years may not be long enough to protect investors or support real job creation. If the rules change again, redeployment risk could become even more complex.

For all these reasons, choosing a project with a sensible investment timeline—ideally four years or longer—can help reduce the need for redeployment and improve your chances of a smooth EB-5 process.

How to Evaluate Investment Duration Before You Invest

Before you commit to a project, it is best to speak with an experienced EB-5 immigration attorney. They can help you know the right questions to ask about duration, like:

• How long will my money stay invested?
• Is the timeline flexible if delays occur?
• What is the exit strategy?
• What happens if I face a visa backlog?
• Can the project redeploy my funds?
• Is repayment tied to I-829 approval?

You should also conduct your due diligence by carefully reviewing the private placement memorandum (PPM) and subscription agreement. Instead of assuming, look for clear language about timing, risk, and your rights as an investor.

Take Control of Your EB-5 Timeline With EB5AN

The success of your immigration is tied directly to your investment duration. Thus, you must choose an EB-5 project that is clear about how long your money will stay invested, what happens if there are delays, and how it plans to meet all EB-5 program requirements.

At EB5AN, we help investors select high-quality EB-5 projects with realistic timelines and strong compliance histories. Our low-risk rural EB-5 projects have made over 2,700 families from more than 70 countries become Green Card holders.

If you would like to begin your EB-5 journey strong by selecting a reliable project, feel free to book a one-on-one call with our team today.

Every year, thousands of students from India travel to the United States for higher education, often with the dream of eventually living in the U.S. However, after graduation, most students face challenges when they try to stay in the U.S., especially when they want to move from a student visa to a work visa.

Thankfully, the EB-5 Immigrant Investor Program offers another way, as it provides a more stable path to U.S. residency for Indian students and their families. Moreover, they do not have to deal with long wait times and the restrictions of job sponsorships.

This article explains how the EB-5 program works and how it can help Indian students to seamlessly transition to Green Card holders.

About the EB-5 Program

The U.S. government created the EB-5 Immigrant Investor Program in 1990 to support the economy by creating jobs through foreign investment. As such, it allows people from other countries to invest in U.S. businesses and apply for Green Cards. To qualify, investors, including Indian students, must:

• Invest a minimum of $800,000 in a business located in a targeted employment area (TEA), which includes rural or high-unemployment areas. If the business is outside a TEA, the investment is $1,050,000.
• Create at least 10 full-time jobs for U.S. workers.
• Prove that the investment funds came from legal sources such as salaries, business income, property sales, or gifts.

Shortcomings of the F-1 Visa

Most Indian students use an F-1 visa to study in the U.S. through full-time academic programs. While it supports education, it limits your ability to stay in the U.S. after graduation because of the following shortcomings:

Difficult Transition to Employment Visas

After graduation, F-1 students can apply for Optional Practical Training (OPT) to work for up to 12 months (or 36 months for STEM fields). Then, once OPT ends, you must move to a new visa category, usually the H-1B work visa. However, the H-1B option has strict limits, such as:

• A cap on the number of visas given each year.
• Most applicants entering a lottery where many end up not selected.
• The visa being tied to your employer, which reduces job flexibility.
• H-1B status lasting only six years.

For Indian nationals, Green Card wait times under the employment categories can last 10 years or more. During this time, you must stay employed, avoid gaps in status, and deal with frequent renewals.

Risk of Aging Out

If a parent applies for a Green Card through work, their child may lose eligibility as a dependent at age 21. This is called aging out. After this, the child must apply for their own visa, such as an F-1 or an H-1B, with no guarantee of approval.

How the EB-5 Program Helps Indian Students

The challenges of the F-1 visa make it hard for Indian students to build a stable life in the U.S. after graduation. Thankfully, the EB-5 program offers a direct and more reliable path to permanent residency for them and their families because of the following reasons:

1. Includes the Whole Family

One EB-5 investment can support the Green Card applications of the main investor, their spouse, and all unmarried children under 21. This allows families to stay and plan for the future together.

2. No Long Waits

Unlike the H-1B visa, the EB-5 program does not use a lottery. It also avoids the long Green Card wait times that Indian nationals face in other categories. Once your investment meets all requirements, you and your family can move forward with the Green Card process.

3. Gives Career Flexibility

Students with Green Cards do not need employer sponsorship. They can work for any company, start a business, and even take unpaid internships without risking their immigration status. This gives students more freedom to choose the best path for their careers.

4. Improves Access to Education

Green Card holders qualify as domestic students, which can significantly reduce tuition costs at public universities and colleges. They also become eligible for financial aid and scholarships that are usually unavailable to international students. In addition, permanent residents often have a higher chance of being admitted to competitive graduate programs.

5. Reduces Stress

Students on F-1 or H-1B visas often face stress from changing rules, job loss, or visa renewals. Luckily, the EB-5 Green Card provides stable legal status and removes these worries.

6. Expands Healthcare Options

As an EB-5 Green Card holder, you gain full access to the U.S. healthcare system. You can choose from a wider range of affordable and comprehensive insurance plans, which often offer better coverage and services than the limited plans available to students on temporary visas.

Steps to Apply for an EB-5 Visa

Applying for an EB-5 visa requires careful planning, accurate documentation, and guidance from experienced professionals. You should understand the full process before starting, so you can meet all requirements and avoid delays. Below is an outline of how it works from start to finish:

1. Choose an Investment Project

You can either invest directly in a new commercial enterprise (NCE) or invest in a project run by a USCIS-approved regional center. The overwhelming majority of all EB-5 applicants choose regional centers because they handle business operations, meet EB-5 rules, and reduce your involvement. Also, regional center projects are typically located in rural or high-unemployment areas to qualify for the $800,000 investment level.

2. Prove Legal Source of Funds

You must show that the money used for your investment came from a legal source. This includes salary or business profits, sale of property or assets, and inheritance or gifts. The USCIS requires clear legal records such as tax documents, bank statements, and contracts to prove all these.

3. File the EB-5 Petition

After making the investment, you must file Form I-526E, which shows the project details and source of funds. If USCIS approves this petition, you and your family can move forward with the Green Card process.

4. Apply for a Green Card

Once Form I-526E is approved, you can file Form I-485 to adjust your status if you are in the U.S. Eligible applicants can also file these two forms concurrently to save time. If you are outside the U.S., you can apply for your permanent residency through consular processing. Upon approval, applicants receive a conditional Green Card that is valid for two years.

5. Remove Conditions After Two Years

To become permanent residents, you must file Form I-829 90 days before the two-year Green Card expires. This document shows that your investment stayed in place and created 10 jobs. If approved, you receive a permanent Green Card with no conditions.

How F-1 Students Can Access Green Card Benefits Within Weeks

The EB-5 Reform and Integrity Act of 2022 (RIA) introduced concurrent filing, a helpful option for applicants already in the U.S. on valid visas, such as international students on F-1. This provision allows you to file your EB-5 petition (Form I-526E) and adjustment of status (Form I-485) at the same time.

Once you file Form I-485, you can stay in the U.S. legally under “pending adjustment” status, even before your EB-5 petition is approved. You can also apply for:

• Employment authorization document (EAD), which is a permit to work legally in the U.S.
• Advance parole (AP), which allows you to travel outside and re-enter the U.S.

These permits can be approved in 30 to 90 days, giving you the ability to study, work, and travel without the restrictions of the F-1 visa while you wait for your Green Card approval. For Indian students, concurrent filing makes it possible to unlock key Green Card benefits within weeks of filing, offering a major advantage over other immigration paths.

Sourcing Funds for Your EB-5 Investment

Gathering funds for the EB-5 investment can be a significant task for Indian students and their families. However, with proper planning and the right professional support, it is possible to mix sources of funds like:

• Income from your employment or personal savings.
• Profits from a business owned by you or your family.
• Funds from selling real estate, such as land, apartments, or inherited property.
• Gifts from family members, such as parents or relatives.
• Loans secured by personal assets.

Special Considerations for Indian Students

Due to India’s foreign remittance limit of $250,000 per financial year under the Reserve Bank of India (RBI) guidelines, Indian investors often use partial investments to begin the EB-5 process. This allows families to stay within legal remittance limits while progressing toward the required $800,000 investment.

A qualified EB-5 immigration attorney plays a key role in this process. You should work with a lawyer who understands both U.S. immigration law and Indian financial regulations. They will help gather and prepare the necessary documentation and guide you through compliance and U.S. tax considerations.

Why Indian Students Must Apply for EB-5 Without Delay

As an Indian student, you should consider applying for the EB-5 visa as early as possible. While this advice applies to all applicants, it is especially urgent for Indian nationals for the following reasons:

Benefit From Concurrent Filing

The concurrent filing option is only available for U.S.-residing Indian nationals when visa categories are “current”, meaning there are no backlogs. Thanks to the RIA, new reserved set-aside visa categories were created to avoid existing backlogs in the unreserved EB-5 category. These reserved categories are still current for Indian applicants, but this may change soon.

The U.S. Department of State signaled in its January 2025 bulletin that it may soon impose cut-off dates for these set-aside categories to avoid exceeding visa limits. Once a cut-off date is established, applicants will lose the ability to file concurrently.

Beat Future Backlogs

According to the latest Visa Bulletin, the unreserved EB-5 category for Indian applicants remains retrogressed, with the final action date of May 1, 2019. This means that Indian investors with priority dates after this cutoff are facing significant delays.

Although the RIA-created reserved categories provide temporary relief, rising demand is expected to create new backlogs in those categories as well. This is especially true in the high-unemployment TEA category, which is already attracting high volumes of applications. Starting the EB-5 process now helps secure a better priority date and place in line before delays begin.

EB5AN Can Help You Transition to Permanent Residency

The EB-5 program is one of the fastest and most dependable ways Indian students can become U.S. permanent residents. By avoiding the problems of student and work visas, you can stay in the U.S., build your career, and plan for the future.

Since the EB-5 process involves many steps, it is best to work with experienced EB-5 professionals to ensure a smooth journey. At EB5AN, we support Indian families through every step of this journey. Our expert team has helped more than 2,700 families from 70+ countries become lawful permanent residents of the U.S.

Feel free to book a one-on-one call with us today to learn how we can do the same for you.

The EB-5 visa program is not just about investing capital in the U.S. economy, but also a path to permanent residency through job creation. This simple fact makes business success the most important part of the entire EB-5 investment.

Without a solid and healthy business, both your Green Card and your capital could be at risk. Thankfully, you do not have to become a business expert to understand the basics of success—you just need to understand what makes a business strong, stable, and likely to grow.

This article reviews the key factors that shape promising EB-5 projects and how you can evaluate them before you invest.

What Business Success Means for EB-5 Investors

For EB-5 investors, business success includes how the business grows, how it creates jobs, how it handles risk, and how it returns investment funds. Below is a closer look at the benefits of business success for you.

Immigration Success

To get a U.S. Green Card through EB-5, you must prove that your investment created at least 10 full-time U.S. jobs. The business receiving your EB-5 capital plays a central role in this requirement—it must operate in a way that creates jobs, whether directly or indirectly, often within a clear timeframe. If the project faces delays or fails to meet the job target, your I-829 petition, which grants you permanent residency, may not be approved.

Investment Repayment

Along with their Green Card approval, many foreign nationals expect to get their invested capital back. While the EB-5 law does not promise a return, many projects aim to return investor funds. Nonetheless, for repayment to happen, the business must earn revenue, grow in value, and handle its financial responsibilities properly.

However, you should know that your EB-5 capital is at risk and does not have repayment priority. Projects usually repay senior lenders and other higher-priority funding sources first. If the project experiences financial difficulties, repaying the senior loan will take precedence. In such cases, there may be little to no remaining funds to repay EB-5 investors, which could result in a partial or total loss of the investment.

Key Factors That Influence Business Success in EB-5 Projects

A project’s success depends on how the following elements come together and how well they are managed:

1. Strong Business Plan

A solid business plan shows how the project will work, and explains what the business does, how it earns money, who the customers are, and what the goals are. It includes timelines, budgets, and key staff roles. A good plan also shows how the business will create jobs and how EB-5 funds will be used. As an investor, look out for clear, detailed plans because vague or overly hopeful projections are red flags.

2. Experienced Management Team

A business with a strong, skilled team that knows how to handle problems, adjust plans, and meet goals has a higher chance of success. The team should know the industry, understand how to work with EB-5 rules, and have experience in running similar projects.

You can look for signs of stability and past success by asking about the team’s past projects, how they performed, and what lessons were learned. Generally, it is best to invest in an EB-5 project that is already profitable. In this case, the project simply has to continue to execute its business plan and remain profitable.

3. Clear Use of Funds

A potentially successful project would provide a breakdown of spending, including construction, hiring, operations, and reserve costs. The use of funds should match the business plan and support job creation. If the project cannot explain how it will use capital, it is less likely to use it wisely.

4. Market Demand

Whether it builds homes or provides services, the project must have real customers. This is because strong demand supports stable revenue, which supports job growth and repayment. You can check out market studies, demand reports, and customer data to help judge an EB-5 project in this regard.

5. Job Creation Strategy

A strong strategy includes both how and when jobs will be created. While some projects rely on construction jobs, others rely on operations jobs. Also, most regional center projects use indirect job models. But regardless of the model, the job creation plan must be realistic, tied to spending, and backed by strong data. Additionally, the timeline should match your immigration needs.

6. Exit Strategy

An exit strategy shows how the project will return capital. This must be clear, realistic, and within a timeline that fits EB-5 rules. If a business cannot explain how it will repay capital, you should steer clear of it because the risk is higher.

Comparing Business Feasibility Across Different EB-5 Project Categories

Not all EB-5 project categories are created equal when it comes to business feasibility. While some industries are predictable with a clearer path to profit, others are uncertain with longer revenue timelines. Below is an overview of what to expect with certain types of EB-5 projects.

Energy and Operations-Based Projects

Energy and operations-based EB-5 projects are inherently riskier because they rely on future price and demand projections, which are difficult to predict. Geopolitical events, shifts in trade policy, and supply chain disruptions can cause sudden changes in the prices of raw materials, energy, and intermediate goods. In fact, in its World Energy Outlook 2023, the International Energy Agency warned about the unpredictability of global energy markets.

Another major drawback is the long revenue timeline. Energy and manufacturing projects can take several years to build and become operational. Additionally, these types of projects usually cannot pre-sell units or adapt their construction schedule based on evolving market demand. Once the process starts, it often cannot be paused or adjusted.

As a result of these factors, it is rare to find an operations-based EB-5 project that is already profitable or predictably low-risk. EB5AN offers deeper insights into these risks in these detailed articles:

• Risks in Steel Projects
• Risks in Oil Projects
• Risks in Mining and Natural Gas Projects

Real Estate

In contrast to energy projects, traditional real estate projects, especially residential developments, are the most viable for EB-5 investment. As an investor, you can evaluate historical pricing trends, demand levels, and the success of similar projects in the same location before committing.

One of the safest subcategories within real estate is single-family home projects. These projects often have the advantage of construction flexibility, allowing developers to speed up or slow down progress based on actual buyer demand. Another key strength is the ability to pre-sell units with non-refundable deposits. This early revenue stream reduces reliance on large construction loans.

Continuous population growth and high housing demand in many regions also keep this asset class in consistent demand. For instance, in the Southeast United States, single-family communities for active adults have seen a surge in popularity. This is fueled by a growing retiree population migrating to warmer, more affordable areas.

Bolster Your EB-5 Success With EB5AN

It is easy to focus on the wrong things when selecting an EB-5 project. Investors often rely on things like marketing materials and the brand name of the project developer. While these factors can give helpful clues, they do not replace the need to study the core of the business itself.

At EB5AN, we have a framework that helps investors select low-risk EB-5 projects with high transparency. Our professional understanding of potentially successful EB-5 businesses has helped more than 2,700 families from over 70 countries become lawful permanent residents of the United States.

Book a free consultation with our team to have a better understanding of your chosen EB-5 project’s risk profile.

The EB-5 visa offers a path to permanent residency through investment. But beyond getting a Green Card, investors often wonder what they can legally do once they arrive in the U.S. or change their status. One key question is whether they can work, and if so, under what conditions.

Indeed, immigration laws can be confusing. Several visa types allow entry, but not all give work authorization. Some restrict the kind of work and the number of hours, while others tie your immigration status directly to your job. EB-5, however, works differently.

This article explains how EB-5 investors can legitimately work in the U.S., so you can understand your work rights and avoid legal trouble.

The EB-5 Program Overview and Its Key Benefits

The EB-5 Immigrant Investor Program allows you to apply for a U.S. Green Card by investing in the U.S. economy. The U.S. government created this program to promote job creation and support new businesses. To qualify, you must:

• Invest at least $1,050,000 in a new U.S. business or $800,000 in a targeted employment area (TEA) project.
• Prove that the investment created at least 10 full-time U.S. jobs.
• Show that the money used for investment comes from lawful sources.

In return, you, your spouse, and unmarried children under 21 can receive lawful permanent residency. Other key benefits of the EB-5 program include:

• Freedom to live, work, and study anywhere in the U.S.
• No need for employer sponsorship.
• Path to U.S. citizenship by naturalization after five years of permanent residency.

Do EB-5 Investors Have the Right to Work?

Yes, you have the right to work as an EB-5 investor without needing extra permits or sponsorship after you have received your conditional Green Card. This right applies to both you and your eligible family members because you are now lawful permanent residents.

Green Card holders can work anywhere in the U.S., part-time or full-time. They can work for themselves or someone else, in any field allowed by law. However, if your EB-5 application has not yet been approved, you must follow the rules governing how you initially entered the U.S.

The Pathways to Legally Work in the U.S. as an EB-5 Investor

Before receiving a Green Card, you must go through either consular processing or adjustment of status. These are the two legal ways to move forward after filing the I-526E petition, which is the main EB-5 application form. Below is an overview of what each pathway involves and how it affects your ability to work in the U.S.

Consular Processing

If you are living outside the U.S., you will typically follow consular processing. In this case, you file your EB-5 petition (Form I-526E), and once approved, you file DS-260 with the U.S. Department of State. Then, you will need to attend an interview at a U.S. consulate or embassy in your home country.

If the visa is granted, you will enter the U.S. on an EB-5 immigrant visa, at which point you will be granted conditional permanent residency. Since consular processing requires you to be outside the U.S. during the waiting period, you cannot work in the U.S. until you enter the country as a permanent resident.

Adjustment of Status

Adjustment of status allows you to apply for a Green Card without leaving the U.S. if you already live in the U.S. on a valid visa. A major benefit of adjustment of status is concurrent filing. This means you can submit your Form I-526E and Form I-485 at the same time if you have a visa immediately available to you.

When you file Form I-485, you can also submit Forms I-765 and I-131. These let you apply for an employment authorization document (EAD) or work permit, and advance parole or travel permit. Once USCIS approves them, usually within a few months, you can start working in the U.S. and travel abroad while your Green Card application remains in process.

Also, filing Form I-485 locks in your legal status. Even if your original visa expires during the process, your pending application allows you to remain in the U.S. lawfully until USCIS makes a decision. However, you must meet the following conditions to qualify for concurrent filing:

• You must already be in the U.S. on a valid nonimmigrant visa like F-1 or H-1B.
• Your priority date must be current, meaning a Green Card is available for your country of chargeability under the Visa Bulletin.
• You must not have violated your visa status.

If you meet these conditions, concurrent filing can speed up your ability to live, work, and travel while you wait for your Green Card approval. It can also provide peace of mind since it gives you legal work authorization much sooner than waiting through the EB-5 approval process.

FAQs About EB-5 Investors Working in the U.S.

Below are some of the most common questions investors ask when it comes to working legally during or after the EB-5 process.

Can EB-5 Investors Work for Their Own Business?

Yes, you can, once you have a Green Card. Similarly, if you have applied for adjustment of status and only hold an EAD card, you can still work for your own business while waiting for the Green Card.

Can EB-5 Investors Work Remotely?

Yes, EB-5 investors can work remotely if the job or business allows it. Once they have the Green Card or employment authorization document (EAD), they can work from home, coworking spaces, or other places. They can also choose not to work at all.

Can EB-5 Spouses and Children Work?

Yes, the spouse and unmarried children under 21 who receive Green Cards through the EB-5 program also have the legal right to work in the U.S. This includes part-time work during school or full-time work after graduation. There are no extra rules as long as the work follows state and federal labor laws.

Are the Work Rules Different for Conditional and Permanent Green Card Holders?

No, the work rules are not different, as conditional and permanent Green Card holders have the same right to work in the United States. The main difference between the two cards is the length and status of your residency. A conditional Green Card lasts for two years and is tied to your meeting the EB-5 investment and job creation requirements. On the other hand, a permanent Green Card is renewable and does not carry those conditions.

Get Legal Work in the U.S. Through the EB-5 Program

The EB-5 program offers more than just a path to U.S. residency. It opens the door to full employment rights for investors and their families. But each step in the process matters, which is why it is best to work with EB-5 professionals from start to finish.

EB5AN has helped over 2,700 families from more than 70 countries to live, work, and thrive in the U.S. with full legal status. Our team has over a decade of experience and can guide you from project selection to you getting your unconditional Green Card.

If you would like to know more about your employment options with an EB-5 visa, book a free call with our expert team today.