Thousands of foreign nationals apply to work in the United States under employment-based visa categories every year.

The most popular of these is the H-1B visa program. About three out of every four H-1B holders are Indian nationals. In many cases, they wish to bring their immediate family members along to preserve the family relationship. Each qualified relative receives an H-1B dependent visa, which is also called an H-4 visa.

However, there are H-1B and H-4 visa limits that can cause problems for those seeking to build a new life in the United States. Better options are available for some individuals.

In this article, we will explore the advantages and disadvantages of the H-1B, H-4, and EB-5 visas.

What Is an H-1B Visa?

The H-1B is a temporary nonimmigrant visa that lasts for three years and is renewable for another three years. Most H-1B visa holders must live outside the United States for at least one year after this six-year period.

While the H-1B renewal process can extend the applicant’s stay to six years, recent updates have introduced a pilot program allowing certain H-1B visa holders to renew domestically without leaving the U.S.​ This program, however, is still very limited and comes with stringent requirements.

H-1B visa holders must have employment sponsors and may face issues with underpayment. It is not easy for those on H-1B visas to change jobs. They also face a great deal of uncertainty and could be required to leave the United States with little notice if they are laid off.

What Is an H-1B Dependent Visa?

The H-1B dependent visa is more commonly called the H-4 visa. Qualified family members of an H-1B visa holder may apply for it by providing evidence of the following:

• Legal status if residing in the United States.
• Family relationship between the H-4 applicant and H-1B visa holder.
• Employment authorization for the H-1B visa holder to work in the United States.

The H-4 dependent visa presents benefits and challenges similar to those of the H-1B.

Like H-1B visa holders, those who have an H-4 can live and study in the United States. In some situations, they can also work.

However, the validity and conditions of these dependent visas are tied to the status of the H-1B principal visa. If the principal visa holder loses their job, then the H-4 holders will lose their immigration status.

Like H-1B visas, H-4 visas also need to be regularly extended. This can be done using Form I-539, which should be signed by the H-1B holder’s primary dependent (unless that person is a minor child).

When Can H-4 Visa Holders Work in the United States?

Whether H-4 visa holders can request employment authorization and work in the United States depends on the H-1B holder’s status.

If the H-1B nonimmigrant is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker, then an H-4 dependent spouse may work in the United States. The H-4 holder would apply for an employment authorization document by filing Form I-765, Application for Employment Authorization.

Once approved, the H-4 visa holder will be eligible for many U.S. work opportunities. The employment authorization document will usually expire with the H-4 visa, so they will have to apply for extensions to both documents.

Can H-4 Visa Holders Travel Outside the United States?

H-4 visa holders can still enjoy international travel, but they must have the required documentation and are subject to certain limitations.

Documents Required

To travel abroad, H-4 visa holders should carry the following:

• Visa.
• Valid passport.
• H-4 visa stamp in the passport.

Although not required, an H-4 holder may also wish to carry a letter from the H-1B holder’s employer indicating this person is still employed. Carrying a marriage certificate and copies of utility bills may also help to answer questions from immigration authorities.

It’s generally recommended that an H-4 visa holder not travel when the principal H-1B visa is up for extension or set to expire. This can lead to complications with a pending form.

If you must travel around that time, make sure to travel with Form I-797H Approval Notice as further evidence of the H-1B holder’s status in the country. This will help to avoid problems with the Department of Homeland Security.

If the H-1B visa expires while outside the United States, the holder must apply for and be approved for an extension at a consulate before returning to the country.

Enjoy Greater Freedom With an EB-5 Visa

H-1B and H-4 visa holders are subject to restrictions that do not apply under the EB-5 Immigrant Investor Program. Switching from nonimmigrant status to an EB-5 visa can be the right choice for certain Indian nationals.

The United States Citizenship and Immigration Services (USCIS) administers this program. Completing the EB-5 application process comes with many professional and personal benefits, as long as the applicant fulfills the program’s requirements.

EB-5 Visa Benefits

• Lawful permanent residence in the United States for yourself and qualified dependent family members (spouse and unmarried children under the age of 21).
• Freedom to live and work anywhere in the United States.
• Freedom to travel outside the United States temporarily.
• Access to U.S. healthcare, insurance, retirement, and other benefits.
• No need to keep reapplying for lawful permanent residence status.

EB-5 Eligibility Requirements

• Invest the correct amount in a new commercial enterprise: ordinarily $1,050,000, or $800,000 for a project located in a targeted employment area.
• Choose either a direct or regional center investment.
• Ensure the investment creates at least 10 full-time jobs for U.S. workers.
• Submit the required documents for each family member (including marriage certificate, birth certificate, etc.) and respond to any questions or requests for evidence from USCIS fully and accurately.

Even though it is not an explicit requirement, working with an experienced immigration attorney is highly recommended to help you navigate the complexities of the EB-5 process.

Invest in an EB-5 Project With EB5AN



Many Indian EB-5 investors have worked with the EB5AN team to change from H-1B and H4 nonimmigrant status visas to the EB-5 program, gaining Green Cards for themselves and other family members in the process. For example, listen to Rahul’s story.

Of course, you don’t have to be from India to become another one of our valued clients. We welcome the opportunity to partner with applicants from all over the world.

EB5AN has helped more than 2,300 families from 60 countries relocate to the United States as lawful permanent residents. Our expert team has more than a decade of experience, and offers clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS project approval rate to date.

Please book a free call with us today to find out more.

The EB-5 visa is one of the world’s most popular investor visas. It is a rare gateway for foreigners to gain residency (and eventually citizenship) rights in the world’s biggest economy through investment.

Investing in a regional center project is the most common route to an EB-5 visa—the other is direct investment. As defined by the U.S. Citizenship and Immigration Services (USCIS), “an EB-5 regional center is an economic unit, public or private, in the United States, involved with promoting economic growth.”

When a regional center project is within a targeted employment area (TEA), EB-5 applicants have to invest a minimum of $800,000, rising to $1,050,000 for non-TEA projects.

With such significant investment thresholds, investing in an EB-5 visa regional center project is a big decision that requires careful due diligence. Investors are advised to evaluate the project, developer, and regional center before taking this step. In this article, we will take a look at some due diligence best practices.

Key Factors When Assessing EB-5 Investment Opportunities

USCIS Project Approval

A foundational step is confirming the project has been reviewed and approved by USCIS. The approval showcases the project’s readiness and credibility.

It’s important to note that pre-approval by USCIS does not guarantee future approval of individual petitions, but it can speed up processing times.

Job Creation Potential

The core of the EB-5 program is economic growth through job creation. Each EB-5 investment must create at least 10 full-time jobs for U.S. workers. Look for projects that are likely to exceed this minimum threshold to provide a buffer against any unforeseen issues.

It’s also important to understand how and when jobs will be created. While updated policies can affect this timeframe, it’s best to look for projects that have already started to create jobs at the due diligence stage.

Regional Center Track Record

Evaluating the regional center’s EB-5 history provides valuable insight. Key data points include:

• Number of past projects successfully completed and percentage of EB-5 capital repaid.
• USCIS approval rates for both I-526E and I-829 petitions.
• Any regional center terminations, investor lawsuits, defaults or failures to return capital.

Investors should not just focus on the number of approved projects but also discover the details behind any rejections. A high volume of denials or a pattern of RFEs (Requests for Evidence) from USCIS can be a red flag.

Principals’ Experience and Background

Beyond the regional center, it’s crucial to vet the individual principals, developers, and managers involved in a project. Investigate their professional histories, previous developments, and any legal or financial troubles.

At this stage, investors can consider a few items, such as:

• Successful experience with similar projects and/or EB-5 developments.
• Absence of criminal records, fraud allegations, SEC violations or lawsuits.
• Likelihood of the team remaining intact to manage the project long-term.
• Financial health and capitalization to weather any challenges.

EB-5 can be a long process, and it’s best to have full confidence that the team involved will operate with integrity throughout.

Investment Structure and Terms

EB-5 investment structures can vary widely regarding equity versus loan positions, at-risk requirements, refund provisions, and capital return schedules. Carefully review all documents, private placement memoranda, and subscription agreements.

Key considerations include:

• Whether the total investment will be contributed at once or via deposit and installment.
• Provisions for investment refund if Form I-526E is denied.
• Expected return on investment and whether distributions will be made during the immigration process or only upon maturity.
• Clear exit strategy specifying when and how the investment principal will be repaid after immigration requirements are met.

It’s recommended that investors speak to experienced securities counsel who can explain the investment terms and their rights and risks fully.

Immigration Risk and Redeployment

EB-5 capital must be sustained “at risk” for a minimum of two years. But what happens if the original project is completed or repays the investment early? The investor’s funds must be redeployed into one or more new projects until the required timeframe is completed.

Redeployment policies vary significantly. Some regional centers allow investors to provide input into different projects, while others don’t.

Examine the redeployment terms and the regional center’s track record with past redeployments. Ideally, look for a clear policy stating that redeployment will be into similar projects and allowing investors’ consent.

Get Your Green Card With EB5AN

These factors can provide a framework for evaluating EB-5 regional centers, but navigating the program’s complexities could be challenging for even experienced investors. The most effective approach is to hire an experienced EB-5 immigration attorney to guide you through the due diligence process.

It’s also important for EB-5 investors to stay updated on any policy changes or new laws affecting the program. By keeping up with the industry through reliable sources, EB-5 investors can ensure the regional centers and projects they’re considering meet the latest program requirements.

EB5AN can provide expert guidance through all stages of the EB-5 application process for a straightforward immigration journey. Please book a free one-on-one call with our team to discuss the specifics of your case.

Investors hoping to establish a future in the U.S. may find it difficult to understand the different immigration processes. The United States Citizenship and Immigration Services (USCIS) offers specific pathways to foreign nationals. The E-2 and EB-5 visas are two common options for foreign investors planning to live in the U.S.

While both programs have benefits, they also have different requirements. One such distinction is the issue of proving source-of-funds. Applications often get delayed or denied due to a lack of understanding of these requirements.

In this article, we will provide an overview of the EB-5 and E-2 visas. We’ll also compare the source-of-funds requirements for both pathways.

Immigrant vs. Nonimmigrant Investor Visas

Foreign investors have different options that enable them to live in the U.S. legally. Selecting the right route for you and your family can help you make precise and timely decisions about your immigration goals.

An immigrant investor visa, namely the EB-5 visa, provides a pathway to permanent residency, commonly known as a Green Card. This means that investors and their immediate family members can live and work in the U.S. indefinitely, enjoy most of the rights and benefits of U.S. citizens (except for voting), and eventually apply for citizenship.

On the other hand, a nonimmigrant visa is a type of visa issued to foreign nationals who wish to enter the United States temporarily for a specific purpose, such as tourism, business, study, or temporary work. Unlike immigrant visas, nonimmigrant visas are designed for those who plan to stay for a limited period of time. Visa holders are expected to return to their home country once their visa expires. Among all U.S. nonimmigrant visas—which include tourist visas, student visas, and others—the only investment visa category is the E-2 visa.

Let’s consider these two popular investor visa options below.

EB-5 Immigrant Investor Program

Introduced by the Immigration Act of 1990, the EB-5 Immigrant Investor Program offers foreign nationals who invest in a new commercial enterprise an avenue to obtain a U.S. Green Card. The program’s aim is to boost the U.S. economy by attracting foreign investors and creating jobs for Americans.

EB-5 applicants can either invest $1,050,000, or a reduced rate of $800,000 in a targeted employment area (TEA).

The investor typically submits an application to USCIS using Form I-526E (Immigrant Petition by Regional Center Investor). To approve this petition, USCIS requires documentation of the investment, a business plan, and source-of-funds evidence that shows the capital investment is based on lawful sources—among other requirements and supporting documents. After approval, investors and their eligible families can become conditional Green Card holders and enjoy several benefits. They can later apply to remove the conditions on their Green Cards and become lawful permanent residents of the United States.

E-2 Nonimmigrant Treaty Investor Program

The E-2 visa allows investors to enter and work in the U.S. temporarily. These visas are for nationals of countries that have a treaty of navigation or commerce with the U.S. Unlike the EB-5, the E-2 visa does not have a set minimum investment amount but requires a substantial investment in a U.S. business.

E-2 visa holders can renew their visas indefinitely if they continue to meet the requirements, but this visa does not lead to permanent residency. Foreign investors cannot apply for a Green Card directly through the E-2 visa.

Individuals interested in this visa must submit Form DS-160, the Online Nonimmigrant Visa Application, and the DS-156E (Nonimmigrant Treaty Trader/Investor Application). Applicants must provide other documents such as passports and marriage certificates, as well as business-related paperwork like proof of ownership and a comprehensive business plan.

EB-5 vs. E-2: Comparing the Source-of-Funds Requirements

Both EB-5 and E-2 visa applicants are required to provide proof of lawful source of funds.

EB-5 investors must submit detailed records that trace their investments from the source to the point of investment in the U.S. There are several sources of funds accepted, including earnings, gifts, loans, property sales, inheritances, and personal savings. However, both the source and the path of the investment funds need to be thoroughly documented.

In contrast, E-2 visas do not require as much source-of-funds information. E-2 application documents must show that the money will go to the E-2 business and that it was obtained lawfully, but the path of funds and supporting evidence are less scrutinized.

While E-2 applicants do not need to conduct the same thorough tracing and paperwork, consular officers or adjudicators must still guarantee that the funds are legitimately obtained and adequate for the business entity.

Given that the EB-5 visa leads to permanent residency, it’s only natural that its source-of-funds processes are more closely scrutinized compared to the nonimmigrant E-2 visa. Because this is such a crucial aspect of the EB-5 process, it can directly impact the success of an application. This is why investors must pay close attention to their source-of-funds package and work with the best immigration attorneys and EB-5 experts to ensure their documentation is comprehensive and accurate.

Transitioning From E-2 to EB-5

E-2 visa holders may opt to transition to EB-5 status, provided they fulfill all requirements, including presenting evidence for a lawful source of funds. Therefore, E-2 applicants should be careful about keeping a detailed paper trail of their source and path of funds from the start. This precaution is important in case they eventually choose to switch to a long-term permanent residency option in the U.S. Proper documentation from the beginning can help E-2 investors make a smoother transition to EB-5 status and ensure compliance with USCIS requirements.

Compile Your Source-of-Funds Documentation With EB5AN

EB-5 applicants finance their investments in a number of ways. Since every investor’s situation is unique, there isn’t a comprehensive collection of standard source-of-funds documentation.

Instead, EB-5 investors can collaborate with industry experts to determine the necessary documents to meet USCIS’s requirements and increase their chances of financial and immigration success.

EB5AN has helped more than 2,300 families from 60 countries relocate to the U.S. as lawful permanent residents. Schedule a free call with our expert team today to answer any questions about your source-of-funds package or any other EB-5 visa details.

A biometrics appointment is an important part of the EB-5 visa process. The U.S. Citizenship and Immigration Services (USCIS) collects applicants’ biometric data, including fingerprints, photographs, and digital signatures. The main purpose of this appointment is to verify applicants’ identities and conduct necessary background checks to ensure they are eligible for the immigration benefits they seek.

USCIS collects applicants’ biometric data to improve the security and integrity of the immigration process. This also ensures that EB-5 applicants meet program standards, including verifying the source of investment funds and maintaining a clean record.

Learning about the biometrics process helps applicants manage their expectations and plan accordingly. This includes knowing what forms of identification are needed, the type of biometric data that will be collected, and any associated fees.

In this post, we will provide information that can prepare EB-5 applicants for their USCIS biometrics appointment.

What Should You Bring to Your USCIS Biometrics Appointment?

While preparing for a USCIS biometrics appointment, there are certain essentials EB-5 applicants need to be aware of. These include:

Required Documents

EB-5 applicants are usually required to have certain documents when going to their biometrics appointments. This includes the appointment notice usually communicated through Form I-797C, Notice of Action, which specifies the date, time, and location of the biometrics appointment. Applicants may also need to tender any government-issued photo identification, such as their passport or driver’s license.

Besides these key records, USCIS could request additional documents in the appointment notice that may aid the applicant’s biometric capturing.

Dress Code and Appearance

While there are no strict attire rules, EB-5 applicants are advised to wear simple, formal clothes for their biometrics appointment. Applicants are permitted to wear head coverings for religious purposes as long as their faces remain visible.

What Steps Are Involved in a USCIS Biometrics Appointment?

In this section, we will discuss the stages of the USCIS biometrics appointment for EB-5 applicants.

Receiving the USCIS Appointment Notice

At various stages of the EB-5 process, USCIS may schedule a biometric services appointment at an Application Support Center (ASC). The EB-5 applicant will receive an appointment notice by mail, which provides important details on their biometrics process.

The appointment notice may also include specific documents the agency needs from applicants.

Rescheduling Your USCIS Biometrics Appointment

Applicants may reschedule their biometrics appointment if the given appointment does not work for them. To do this, they need to submit their request through their USCIS online account or by calling the USCIS Contact Center at 800-375-5283. USCIS will not grant rescheduling requests made via mail.

Reschedule requests should be made as early as possible, ideally well before the appointment date.

Arrival

The appointment notice sent to the applicants states the time of their biometrics appointment. It is advisable to arrive 15-30 minutes early to allow time for check-in and security procedures.

Security Screening

Upon arrival at the ASC for a biometrics appointment, applicants will pass a security check. This is similar to security screenings at airports or federal buildings. Applicants will also present their appointment notice and government-issued photo ID to the security personnel or front desk staff.

Following initial processing, applicants will proceed to a security checkpoint. This may involve walking through a metal detector, undergoing an X-ray machine inspection, or a physical pat-down screening. Items not allowed in the facility include weapons, explosives, dangerous chemicals, food, and beverages.

Applicants may bring electronic devices such as phones, laptops, and tablets, but they must silence them while in the waiting area. They must switch off their phones while the USCIS staff is attending to them.

Biometrics Collection Process

After the security screening, USCIS staff will guide the applicant to a biometrics technician. At this stage, the technician will collect the applicant’s biometric information, including fingerprints, digital photographs, and digital signatures. This process also includes a declaration confirming that the information provided in the immigration documents was true at the time of filing.

EB-5 applicants who are 14 years old or older will provide a signature on any application filed with USCIS. Although children under the age of 14 are not required to provide a signature on any application, they may choose to sign their name during the ASC appointment if they can. A parent or legal guardian may also sign the application on the child’s behalf.

In total, a USCIS biometrics appointment typically lasts between 15-20 minutes. However, applicants may have to wait their turn if there are many others scheduled ahead of them at the ACS.

What Should You Do After Your Appointment?

Once the biometrics appointment is complete, applicants will receive a stamp or notation on their appointment notice as proof of completion. To prepare for the next phase of their EB-5 visa process, here are a few things EB-5 applicants can do.

Keep Proof of Attendance

Keep the stamped appointment notice or any confirmation provided by USCIS as proof that you attended the biometrics appointment.

Track Case Status

You can regularly check the status of your application online using the USCIS case status tool. Doing this will help you stay informed about any updates or extra steps required.

Respond to Any Requests

If USCIS sends any requests for more information or documents, respond quickly to avoid delays in processing your application.

Prepare for Possible Follow-Up

In some cases, USCIS may need extra biometrics or follow-up appointments. Be prepared to attend if notified.

Stay Updated

Keep your contact information current with USCIS so that you will receive all communications about your application.

Who Can You Bring to the Appointment?

While not required, there are cases where EB-5 applicants may bring an attorney or accredited representative along. For instance, if the applicant has any complexities in their documentation or legal history, they can retain an attorney to provide guidance and ensure that the paperwork is in order.

Applicants with disabilities may bring a caregiver or family member to help them through the process. They can also request disability accommodation or call the USCIS Contact Center for assistance.

Also, applicants who are not fluent in English can bring an interpreter to their ASC appointment if the center does not provide translators. Friends and family members who are not critically needed should not follow the applicant inside the biometrics facility. They may wait outside the building or in a waiting area, if available.

How EB5AN Can Help

The collection of biometric data is an important step, and missing the appointment or failing to provide the required documents can extend the EB-5 visa process unnecessarily. That’s why it’s advisable to consult an immigration attorney to provide professional guidance, double-check details, and help clarify any confusing requirements.

You can also book a free consultation with EB5AN to get professional assistance from leading EB-5 experts in the U.S.

Foreign nationals looking to obtain Green Cards often worry about how long the process can take, and for good reason. Historically, the EB-5 visa— along with other employment-based visa categories—was affected by long processing times and immigration delays. However, the process continues to get shorter for new investors considering the EB-5 program.

Prior to 2022, EB-5 processing times could take several years. Now, thanks to the EB-5 Reform and Integrity Act of 2022 (RIA), the industry is seeing Form I-526E approvals in under 12 months.

In this article, we’ll delve into the reasons behind the updated processing times. We’ll also discover how they affect the EB-5 process and discuss how selecting a low-risk rural EB-5 project can help investors get their Green Cards faster.

Rural Investments Speed Up I-526E Approvals

The EB-5 Reform and Integrity Act of 2022 (RIA) has designated 32% of the annual EB-5 visa quota for targeted employment area (TEA) projects. This includes:

• 20% for rural TEAs
• 10% for high-unemployment TEAs
• 2% for infrastructure projects

Rural area investments play a significant role in speeding up applications due to the benefits of set-aside visas and the unique priority processing opportunity.

Set-Aside Visa Quota

RIA brought about a number of modifications, including set-aside visa quotas. These quotas have positively impacted processing delays.

By investing in targeted employment areas, foreign nationals can avoid the long queues that typically occur in the unreserved category due to visa availability issues. As of June 2024, for “legacy” I-526/I-526E petitions before 2022, the estimated processing time announced on the United States Citizenship and Immigration Services (USCIS) website is 54 months.

There is less competition for the relatively new reserved visas, and no visa backlogs at the time of writing. This streamlined process not only accelerates the path to I-526E approval but also provides a more predictable timeline for obtaining U.S. permanent residency.

With years-long wait times now down to a few months, the set-aside visas have proven to be a game-changer. This particularly applies to investors from nations with significant demand, such as China and India.

Although all set-aside visas are still in current status, they can get oversubscribed quickly. Since RIA was enacted, investors’ interest in the EB-5 program has increased, leading to a rising number of applications. Interested investors are advised to apply promptly to avoid any delays or possible backlogs in the reserved categories.

Priority Processing

The EB-5 program focuses on funding underserved areas through foreign investment. To encourage such investments, USCIS offers a strong incentive by processing petitions for these areas earlier than others. This is how RIA’s priority processing provision for rural TEA projects leads to quicker I-526E approvals for foreign nationals.

Can Concurrent Filing Get Foreign Investors Their Green Cards Faster?

Through the EB-5 concurrent filing opportunity, foreign investors can simultaneously file their Form I-526E and Form I-485 petitions. To qualify, applicants must hold a valid non-immigrant visa and be in the country at the time of filing. Before concurrent filing was introduced with RIA, foreign investors could only file Form I-485 after I-526E approval. This provision can speed up the Green Card application process by eliminating the need to wait separately for each petition.

Investors can also apply for an employment authorization document (EAD) and advance parole (AP) at the same time. This allows them to work in the U.S. and travel internationally while their petitions are being reviewed. With this, investors and their qualifying family members can begin enjoying the benefits of U.S. residency sooner.

Investing in Low-Risk Regional Center Projects Can Help

The majority of EB-5 applicants choose to invest in regional center-sponsored projects, which is an easier way for investors to fulfill the EB-5 requirements when compared to direct investments. Under the regional center program, designated regional centers must get pre-approvals from USCIS for each project they offer. Thanks to these exemplar approvals, investor petitions can be processed more quickly, shortening the time it takes USCIS to examine and approve the project.

Furthermore, most reliable regional centers are run by seasoned experts who are knowledgeable about the EB-5 program’s standards. This means the projects they are offering are more likely to adhere to laws and regulations, which lowers the possibility of delays stemming from compliance issues.

Choosing a low-risk rural EB-5 project also increases applicants’ chances of investment success, mitigating the risk of losing time on issues like redeployment, requests for evidence, or litigation.

Start Your Immigration Process With EB5AN

With immigration reforms and policy updates, USCIS aims to ensure a fair and practical system for the EB-5 program. However, there are still many technicalities involved in the process, which requires expert guidance. Figuring out the best methods to follow when planning on immigrating through EB-5 can be a daunting process because every investor has a unique situation, despite a common goal.

That’s where EB5AN comes in. We have assisted more than 2,300 families from 60 countries in relocating to the United States as lawful permanent residents. With over a decade of expertise, our team provides clients with top-tier, low-risk EB-5 regional center projects, boasting a perfect USCIS project approval record to date.

To take advantage of the shorter EB-5 processing times and get Green Cards for you and your family, schedule a free consultation with EB5AN today.

EB-5 investors can apply for a Green Card once their I-526 or I-526E petition is approved by the United States Citizenship and Immigration Services (USCIS).

EB-5 investors already in the U.S. can apply for their permanent resident status without leaving the U.S. through a process called adjustment of status.

Investors outside of the U.S. must apply to the U.S. consulate in their country of residence for an immigrant visa using Form DS-260 to enter the U.S. as a permanent resident. This is called consular processing.

Upon approving an I-526E petition, USCIS sends it to the Department of State National Visa Center (NVC) for pre-processing. You’ll be notified once the NVC receives your petition and opens your case file. The notification usually includes information on how to log in to the Consular Electronic Application Center (CEAC) to monitor your application status.

The NVC will also notify you when an immigrant visa number becomes available. They’ll inform you when and how you should pay the immigration visa fees and upload the required supporting documentation. They’ll then schedule a visa interview for you.

The consular interview is a crucial step in the immigration process and can determine whether foreign investors will receive U.S. permanent residency. This is why some preparation is required for a successful EB-5 interview.

This article takes a closer look at the interview stage of EB-5 consular processing and provides insights to help investors scale through the interview.

Preparing for an EB-5 Consular Interview

The consulate interview is an important step in an EB-5 investor’s immigration journey and requires careful preparation.

During the interview, the investor must be prepared to answer questions about their EB-5 application, background, and reasons for wanting to move to the U.S. The consular officer’s primary goal is to confirm the investor’s (and their dependent family’s) eligibility for the visa. The investor has to convince the consular officer that their reasons for immigrating to the U.S. are genuine and they’ve met all requirements for the EB-5 visa.

Foreign nationals investing in a regional center-sponsored project should get all possible information and relevant supporting documentation. You can ask your legal counsel for a mock interview to test your readiness.

The interview typically lasts 30 minutes to an hour, and the consular officer will pay close attention to spot any gaps or misrepresentations. Any discrepancy between the answers you provide and the information in your DS-260 can lead to the denial of your EB-5 visa application.

Consular Interview Requirements

EB-5 visa applicants and their dependents must complete the following steps before the interview.

Step 1: Register Online

Once you receive your interview appointment letter, you must register online and choose your visa pick-up location. After processing, the embassy will return your passport and visa package to the selected location. You will find the link to the registration portal on the consulate website. Registration is free.

Step 2: Schedule and Attend a Medical Examination

Investors and their dependents must attend a medical examination with an authorized physician before the scheduled date. The examination must be conducted by a doctor approved by the U.S. embassy in the investor’s country. You will find the list of approved panel physicians and required documents for the appointment on your home country’s U.S. consulate website.

The doctor will send the result directly to the embassy or give it to you in a sealed envelope to submit during the interview.

Step 3: Gather Supporting Documentation

You must bring all required original or certified documents to the interview, so it’s essential to start gathering them on time. Failure to bring all the necessary documents can delay your visa processing.

Who Should Attend the Interview?

The interview is mandatory for the investor, their spouse, and unmarried dependent children relocating to the U.S. with them. Dependent children below 14 years of age are not required to attend.

If an investor’s spouse and dependent children are relocating later, they do not have to attend the interview with the investor. They will be scheduled for a separate interview at a later date.

Documents Needed for an EB-5 Consular Interview

All EB-5 investors and accompanying dependents must come with the following documents to their consular interview:

• Interview appointment letter received from NVC.
• DS-260 confirmation page.
• Passport—valid for up to six months after the expected entry date to the U.S.
• Two identical color photographs.
• Online registration confirmation page.
• Birth certificate.
• Marriage certificate, if applicable.
• Certificate of termination of any previous marriages (e.g., divorce certificate or death certificate of former spouse), if applicable.
• Proof of transfer of investment funds to an escrow account or an investment project.
• Police certificate.
• I-526E petition and financial forms.
• Copies of previous U.S. entry documents.
• All other civil documents you uploaded into CEAC.

Investors must provide certified translations of all documents not in English, along with the original. The consular officer may request additional evidence, which you or your attorney must provide within the given time frame to avoid delays.

Questions to Expect During an EB-5 Interview

Every EB-5 regional center investor going through consular processing should be ready to answer questions regarding their background and EB-5 investment project.

Questions About Your EB-5 Petition

An EB-5 investor visa applicant will be asked several questions concerning their EB-5 investment. Some questions to expect include:

• How did you hear about the EB-5 opportunity?
• Why did you choose to invest in a regional center project?
• What’s the current status of the project?
• How many jobs have been created?
• What was the total cost of your EB-5 investment, including the administrative fees you paid to the regional center?
• What is your source of funds for this investment?

The supporting documentation you used for your I-526E application will be helpful when answering these questions.

Immigration History and Other Personal Matters

The consular officer will most likely inquire about your immigration history and your reasons for deciding to relocate to the U.S. Expect questions like:

• Why did you choose to relocate to the U.S.?
• Have you ever been the subject of immigration proceedings?
• Have you ever been ordered removed from the U.S. or any other country?
• Do you have any past or current criminal convictions?
• Have you ever been arrested?
• What other country have you lived in aside from your country of origin?

Tips for a Successful EB-5 Interview

The following tips can help during your interview:

• Answer all questions honestly. The consular officer most likely already knows the answer to the question and is trying to judge your authenticity.
• Be confident but polite when answering questions.
• Be quick, concise, and straightforward. Avoid rambling, and don’t hesitate when giving answers. This can make the officer suspicious.
• Answer questions directly, and do not speculate. If you don’t know the exact answer to the question being asked, say so.
• Bring all the supporting documents you’ll need to back up your answers.
• The officer may not make a decision on-site. Refrain from pushing for an immediate decision. It can lead to an unfavorable outcome.

After the Interview

After the interview, you’ll have to wait for the consulate to decide on your application. Decision times vary across U.S. embassies and consulates in different countries.

Some factors that affect decision times include administrative procedures, visa availability, consular workload, and the complexity of the case.

Requests for additional supporting evidence can prolong the decision time. Also, some consulates receive a higher volume of visa applications than others, so processing visa applications will take longer. It’s advisable to limit travel plans until you get a decision.

The embassy will notify you once a decision is made.

What Happens if an Investor Fails to Appear for the Interview?

If an investor cannot attend their interview, they must contact the U.S. embassy or consulate on time to reschedule the interview. Failure to contact the U.S. embassy within one year of receiving the appointment notice will lead to termination of the case and the cancellation of your I-526E petition. Any fees paid will not be refunded.

Investors are advised to make every effort to attend the scheduled interview. If you choose to reschedule, note that appointments are limited, and you may have to wait much longer for another available appointment. Also, there may be no available visas on the day of your rescheduled interview. You should check the latest Visa Bulletin before deciding to reschedule.

EB5AN Can Help You Secure U.S. Permanent Residency

Applying for an EB-5 investor visa can be a long and complex process. While investors can submit their I-526E petition and immigrant visa application themselves, it’s best to get help from an experienced immigration attorney and industry-leading EB-5 experts.

EB5AN has helped more than 2,300 families from 60 countries relocate to the United States as lawful permanent residents. Our team has 10+ years of experience and offers clients low-risk EB-5 regional center projects with a 100% USCIS project approval rate to date.

If you need help applying for an EB-5 visa or would like to get an opinion on your ongoing process, book a one-on-one call with our EB-5 team today.

EB-5 investors can invest in a regional center-sponsored project or directly in a new commercial enterprise.

Most investors prefer regional center sponsorship because it offers an easier and faster route to obtaining an EB-5 visa and U.S. permanent residency. The regional center pathway also tends to be less costly, as most sponsored projects are in targeted employment areas, qualifying for a lower investment threshold.

Investing through regional centers also makes meeting the job creation requirement easier. With direct investments, investors must create at least ten full-time jobs for qualified U.S. workers and sustain them for at least two years. However, regional center investments allow investors to also use indirect and induced job creation to meet this requirement.

While investing through a regional center is a more accessible pathway to obtaining your EB-5 visa, there is no guarantee that USCIS will approve your I-526E petition. Your petition may be rejected if the regional center or project fails to meet USCIS conditions.

This is why it’s essential to carry out due diligence before choosing a regional center. This article provides a practical guide to conducting regional center due diligence.

Regional Center Due Diligence Checklist

Conducting regional center due diligence helps investors achieve immigration success and avoid losing money in an EB-5 investment. The checklist below serves as a guide for regional center due diligence.

USCIS Compliance

The United States Citizenship and Immigration Services (USCIS) designates regional centers. As such, a regional center must comply with all USCIS rules and regulations to obtain a designation and remain operational.

In carrying out due diligence, you must check the compliance of the regional center with USCIS policies. Confirm that they have an active designation. The regional center should be able to provide investors with their compliance history. Confirm they have maintained their designation by filing their annual certification forms.

Only choose regional centers with a history of full compliance. Be wary of those that have been cited for non-compliance in the past.

History and Experience

When choosing an EB-5 regional center, consider the experience level of each prospective one you’re considering. Check when each regional center was founded and how long they’ve been operating as an EB-5 project sponsor. You should also check how many projects they have completed since their designation.

The longer a regional center has been active in the EB-5 field, the more familiar it’ll be with the nuances of EB-5 petitions, project selection, and USCIS regulations. Their key personnel will likely be more experienced with the EB-5 processes and can help ensure a smooth application process.

Track Record

An investor primarily applies for an EB-5 visa to obtain U.S. permanent residency. So, every investor wants some type of guarantee that their investment in a regional center-sponsored project will lead to obtaining their Green Card. However, this is not always the case.

To ensure the success of their immigrant investor petition, investors must examine the track record of each prospective regional center. Research their project success rates, investor I-526E and I-829 petition approval rates, and investor repayments.

Given the potentially lengthy processing times of EB-5 petitions, newer regional centers may not have a long history to determine approval rates. Investors should look out for past I-526E and I-829 petition denials in this case. The presence of investor petition denials often indicates that the regional center breached USCIS guidelines.

Management Team

Like every other business enterprise, the success of a regional center relies on the expertise of its management team. Many regional center owners do not have a professional background in international finance and investments. This can affect the successful operation of their regional centers and sponsored projects.

Investigate the professional background of each prospective regional center’s management team. Look for those with relevant experience in business finance, immigration law, and real estate, as well as those who have worked on significant business transactions in the U.S. and abroad.

Investors should also look into the management’s integrity track record. Check for bankruptcies, past lawsuits, and regulatory issues. Analyze the profit-sharing agreement between the regional center and project developers. The presence of excessive compensation can indicate irregularities that could affect your investment.

Project Selection Process and Project Viability

If a regional center-sponsored project fails, an investor may lose their money and chances of becoming a U.S. permanent resident. That’s why, as part of due diligence, investors should talk to the prospective regional center about a customized project selection process and successful completion rates.

Find out if the regional center conducts independent due diligence on its projects. Examine their business plan and economic analysis to determine the project’s viability. Analyze each regional center’s investment strategy and determine if it aligns with your investment goals and risk tolerance.

Look out for regional centers that provide low-risk projects. That is, projects where the EB-5 investor does not bear the most risk. Projects already under construction and presold are generally at lower risk and more viable than those still in the planning stages.

Financial Strength

Investigating the financial strengths of a regional center is a critical component of due diligence. USCIS mandates that regional centers submit annual financial reports to their investors. You can use these reports to analyze the financial strength of the regional center.

Review each regional center’s audited financial statements. Assess their debts, assets, liabilities, and cash flow. Also, check their primary source of funding for sponsored projects. How much of the capital comes from EB-5 investments? How much comes from bank loans and developer equity?

Projects in which EB-5 investments make up a smaller percentage of the capital are often safer than EB-5 investment-reliant projects. The latter might fail if there are insufficient EB-5 investors.

Investors should also check the escrow agreement to understand how the investment funds will be managed and disbursed into the project.

Communication and Transparency

Communication and transparency are vital considerations when choosing a regional center. Investors should assess the regularity and transparency of each prospective regional center’s communications with investors. How fast do they respond to investors’ inquiries? And do they handle concerns professionally?

A good regional center should provide regular project progress and disclose critical financial transactions to its investors. Check their websites for testimonials from past investors. If possible, directly contact past investors to learn about their experiences with the regional centers.

Work With EB5AN for Financial and Immigration Success

Conducting regional center due diligence is essential for a successful EB-5 process. Choosing a regional center and project to invest in does not have to be overwhelming. You can make a well-informed decision by doing some thorough research.

An industry leader, EB5AN has helped over 2,300 families from 60 countries relocate to the United States as lawful permanent residents. Our expert team has more than a decade of experience and offers clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS project approval rate to date.

If you need more information about conducting regional center due diligence or want to know more about our EB-5 regional center projects, please book a one-on-one call with our EB-5 team.

The EB-5 visa program operates on an annual cycle from October 1 to September 30, known as the Fiscal Year (FY). To keep all immigration stakeholders informed, the U.S. Department of State (DOS) releases monthly and yearly reports showing the EB-5 market’s status.

By understanding and analyzing up-to-date EB-5 data, applicants can stay ahead of EB-5 visa quota insights and other policy changes. These insights enable them to make strategic decisions, avoid expensive mistakes, and potentially shorten EB-5 wait times.

EB-5 applicants can stay informed by consulting reliable sources such as the monthly visa bulletin, the official website of the United States Citizenship and Immigration Services (USCIS), and the EB5AN blog for the latest developments in the program.

In this article, we will look at the available data for FY 2024 so far, and compare it with the previous fiscal year.

EB-5 Visa Availability and Issuance in FY 2024

March 31 marked the end of the first half of FY 2024, and the data from these six months is rather positive. The Department of State’s monthly immigrant visa issuance statistics data shows an impressive increase in visa issuance rates by consular processing in FY 2024, namely a year-over-year increase of 64%. The number of visas issued each month in FY 2024 surpasses the number issued in the corresponding months in FY 2023, except for November.

Below, we will analyze availability and issuance in FY 2024 concerning the different EB-5 categories and countries.

Unreserved Visas

The National Visa Center (NVC) waiting list revealed that nearly 39,900 registered EB-5 applicants were awaiting visa issuance. For FY 2024, the number of available unreserved visas is 14,169, an unusually high number. DOS data indicates that 5,070 of the 14,169 unreserved visas have been issued between October 2023 and March 2024. So far, only 36% of available visa numbers have been used through consular processing in the first six months of FY 2024.

In this category, Chinese nationals received 2,767 visas, which is 54.58% of total visas issued, representing the largest portion of EB-5 investors.

Vietnamese nationals are the second-largest group, with 1,326 visas issued, making up 26.15% of the total.

Indian nationals are third in line, accounting for 9% of the visas issued in the first six months of FY 2024, with 440 visas issued through consular processing. However, many Indian EB-5 investors typically receive their Green Cards through adjustment of status in the U.S., so more comprehensive data is needed to evaluate the overall EB-5 visa issuance for Indian nationals.

Reserved Visas

Reserved visas are set aside for rural, high unemployment, and infrastructure projects. This year’s number of available reserved visas is 8,136, and so far, they have not been used.

As of the May 2024 visa bulletin, all reserved EB-5 visa categories are current for all countries. Foreign nationals who intend to apply for the EB-5 visa program can bypass the lengthy wait in the unreserved visa queue by investing in projects that qualify for these set-aside visas.

Investors in rural EB-5 projects can speed up their Green Card process even more, as USCIS applies the priority processing approach to rural I-526E petitions.

However, recent data suggests potential upcoming backlogs in reserved categories, so investors are advised to submit their applications soon to benefit from this opportunity.

Launch Your EB-5 Journey With EB5AN

The outlook for the EB-5 program in FY 2024 is positive. However, tens of thousands of applicants with approved I-526E petitions are still waiting for their visa numbers. If all available visas for FY 2024 are used, the current EB-5 waitlist could be reduced by 36% by the end of the fiscal year. Therefore, the efficiency of U.S. Consular Offices in processing EB-5 visas is crucial for reducing the current visa backlog for pre-RIA EB-5 investors.

For new investors, selecting the right timing, team, and project is key. Potential EB-5 investors should seek expert advice to make the best decisions that align with their financial and immigration goals.

That’s where EB5AN comes in. We have helped more than 2,300 families from 60 countries relocate to the United States as lawful permanent residents. Our key advantage is our personalized approach, where we offer customized services that meet the specific needs of each investor.

To find out how we can help you and your family obtain U.S. Green Cards, please schedule a free consultation with our expert team today.

The EB-5 Immigrant Investor Program is a popular pathway for foreign nationals to obtain permanent residence in the U.S. In addition to receiving a Green Card, EB-5 applicants strive to earn profitable returns on their investments.

As a result, thorough financial planning is required, especially regarding capital funding and the financial sustainability of the investment.

Gaining permanent residence is the primary motivation of many EB-5 applicants. This sometimes makes them focus on complying with the EB-5 regulatory requirements and neglecting financial viability considerations. This approach is risky because understanding a project’s capital stack can be crucial for applicants to predict their investment’s performance, make informed decisions, and safeguard their capital.

In this post, we will explain the different types of EB-5 financial structuring and the factors investors need to consider while selecting a low-risk EB-5 project.

What Are the Different Types of EB-5 Financial Structuring?

The EB-5 financial structuring refers to the different layers of funding that make up the total investment in an EB-5 project. The financial structuring for direct investments is pretty basic, as it involves just one EB-5 investor. However, financial structuring for regional center EB-5 investments is more complex.

Typically, regional center investors have four types of financial structures to choose from, as well as combinations between them: senior debt, mezzanine debt, preferred equity, and common equity. Here’s a breakdown of the four layers of the EB-5 capital stack:

Senior Debt

Senior debt is a type of loan injected into an investment in exchange for interest payments. In most cases, the senior debt forms the largest percentage of the EB-5 capital stack, with lenders given the highest priority for repayment. This ensures that senior debt lenders receive their interest/dividends before all other investors in the project, making it the most secure type of financial structuring.

While senior debts are less risky, the profit realized from this type of funding is limited to an agreed fixed interest rate. In other words, the return on investment from senior debts is significantly less than the profits from other forms of funding.

EB-5 senior debt holders usually secure their loans either through a first-lien mortgage on real estate or a repayment guarantee. These measures help minimize the risk of financial loss.

Mezzanine Debt

Similar to senior debt, mezzanine debt starts as a loan. However, if the project fails, mezzanine debt holders may convert their loans to ownership interests. Therefore, it is accurate to say that this type of financial structuring is a middle ground between regular loans and equity-based investments.

After the senior debt is paid, mezzanine debt holders are next in line to receive their returns. If the developers fail to meet their obligations, mezzanine debt holders can claim ownership interests.

When an investment project becomes unstable, most EB-5 regional centers prefer to extend the project developer’s deadline rather than assume ownership interests. This approach helps them avoid the financial burden of taking over the project.

Mezzanine debt is mostly preferred because it offers higher returns than senior debt and has a higher priority over equity shareholders in the event of project failure.

Preferred Equity

Preferred equity is a type of investment in which investors get paid before common equity investors but after all debts are settled. A major advantage of preferred equity is that it yields higher returns compared to senior and mezzanine debt. Additionally, if the investment is unsuccessful, preferred equity investors have a better claim on assets than common equity investors, though still subordinate to debt holders.

Common Equity

Common equity investors bear the most risk because they receive their profits after every other investor. Often, there are no assets left for them if the investment fails, resulting in a total loss.

On the other hand, if an investment is successful, common equity investors usually gain significant profits. EB-5 investors with a high risk tolerance are best suited for this type of financial structuring.

Common equity in a project typically consists of various classes or shares among partners, leading to a wide range of terms regarding profit-sharing and capital repayment. It is important to carefully review the offering documents to understand the dividend and capital repayment priorities.

What Factors Should an EB-5 Investor Consider?

EB-5 applicants select their projects based on several factors. These include their risk appetite, investment objectives, and the regional center management they collaborate with. Let’s discuss them briefly.

Risk Tolerance

Under each type of financial structuring, the element of risk is highlighted because an investor’s appetite for risk is a key consideration when selecting a viable EB-5 financial structure. Investors who can handle the uncertainty that comes with riskier investments are welcome to choose equity-based capital funding. In contrast, risk-averse investors are advised to select debt-based capital funding.

Investment Goals

EB-5 investments are unique because investors and other project stakeholders must consider both their immigration and financial objectives. This is why investors should evaluate whether the financial structure they have chosen will support all their goals.

Management Capability

Aside from a specific project’s capital stack, the EB-5 regional center’s experience and expertise are also critical factors. As a result, EB-5 investors should look for regional centers with a track record of completing EB-5 investment projects. Organization, good project oversight, and the overall operational expertise of an EB-5 regional center heavily influence the likelihood of the project’s success.

Get Reliable Advice From Industry Experts at EB5AN

While it is important for EB-5 applicants to understand the basics of financial structuring, the financial aspects of EB-5 investments still require expert judgment. As such, working with an experienced EB-5 team will facilitate important financial due diligence functions such as risk assessment.

EB5AN has helped over 2,300 foreign nationals from around the world get EB-5 visas. Book a free consultation with our expert team to learn how we can assist you in finding the right project for your EB-5 investment.

International students in the U.S. under the F-1 visa can start applying for their Green Cards while still studying. While there are several pathways for changing immigration status from F-1 student to Green Card holder, the EB-5 visa remains one of the easiest and fastest routes.

In this article, we’ll discuss how you can initiate the process of adjusting status from an F-1 visa holder to a Green Card holder while still studying. But first, let’s look at the limitations of the F-1 visa.

F-1 Visa and Its Limitations

The F-1 student visa is a single-intent nonimmigrant visa that allows foreign nationals to pursue full-time studies in the U.S.

To qualify, intending foreign students must be enrolled in an approved U.S. institution for a full-time certificate, diploma, or degree-awarding course/program. They must also prove that they plan to return to their home country upon completing their studies.

While a proven intention to leave the U.S. after your studies is central to qualifying for an F-1 visa, there are pathways to becoming a U.S. permanent resident if you decide to stay.

Options for F-1 Students to Obtain a Green Card

Although the F-1 visa is a nonimmigrant visa, F-1 visa holders who wish to remain in the U.S. after their studies can do so by switching to other routes. Foreign U.S. students can extend their stay and possibly obtain a Green Card by:

• Adjusting to a dual-intent visa like H-1B—potentially through Optional Practical Training (OPT) or Curriculum Practical Training (CPT).
• Self-petitioning for an EB-1 exceptional ability visa.
• Receiving employer sponsorship for an EB-2 or EB-3 visa.
• Marrying a U.S. citizen or permanent resident.
• Applying for an EB-5 investor visa.

While all the above pathways can eventually lead to permanent residency in the U.S., only the EB-1 extraordinary ability visa and EB-5 investor visa are direct employment-based routes to lawful permanent resident status.

Although the EB-1 visa offers a direct pathway to obtaining a Green Card, the requirements are stringent. Only a small percentage of international students can meet the criteria, and the burden of proving eligibility lies solely on the petitioner.

The EB-5 investor program offers a less competitive and faster pathway for immigrant students to obtain a Green Card in the U.S. Thanks to the EB-5 Reform and Integrity Act of 2022 (RIA), foreign students can apply directly for an EB-5 investor visa and Green Card while still studying. We will explore more about the RIA below, after taking a quick look at the EB-5 visa and its requirements.

EB-5 Investor Visa: A Faster Pathway to Permanent Residency

The EB-5 program offers U.S. permanent residency to foreign nationals in exchange for their investment in a U.S. business. The U.S. Congress introduced the program in 1990 to attract capital investments from foreign nationals as a means of creating jobs and boosting the U.S. economy.

The United States Citizenship and Immigration Services (USCIS) administers the EB-5 program. An eligible investor will receive permanent residency together with their spouse and unmarried children under 21 years old.

To qualify for the EB-5 visa, an investor must:

• Invest a minimum of $800,000 or $1,050,000 (depending on the investment location) in a new commercial enterprise.
• Create jobs for at least ten qualified U.S. workers.

With a minimum investment of $800,000, targeted employment area (TEA) investments are more advantageous for investors. The investment threshold is lower because the U.S. government wants to attract more investment to these regions to foster rural development and combat high unemployment rates.

Investing in TEAs is the fastest way to get an EB-5 Green Card because such investments are eligible for set-aside visas.

The set-aside visas are part of the provisions of the RIA. It reserves 32% of the yearly quota of EB-5 visas for investment in TEAs broken down into:

• 20% for rural area investments.
• 10% for high-unemployment area investments.
• 2% for designated infrastructure projects.

Investing in TEAs means avoiding the backlog in unreserved categories and skipping the long waiting time.

The Cost of an EB-5 Green Card for International Students

Aside from the minimum investment requirements mentioned above, EB-5 investors may face other expenses, such as petition filing fees, administrative fees, and legal guidance costs. Altogether, the EB-5 visa may seem quite expensive for students who aren’t established entrepreneurs.

However, considering the cost of schooling in the U.S. without a scholarship and the endless possibilities that obtaining a Green Card through an EB-5 visa presents, it may not be as expensive as it looks.

International students pursuing a degree without a grant typically spend between $300,000 and $500,000 during their studies. Those who choose to remain in the U.S. often face difficulty finding gainful employment after their studies because they don’t have a Green Card or work permit.

After investing so much in getting an education, being unable to find work can be frustrating, and many may be forced to return to their home countries. An investment of $800,000 to secure their future in the U.S. could be worth the price. For those who can afford it, it’s also the best graduation gift parents of international students can give their children.

Moving From F-1 Student Status to EB-5 Green Card Holder

The RIA provided a concurrent filing option that enables applicants who are already in the U.S. in valid nonimmigrant status to submit their immigrant petitions and adjustment of status applications at the same time. This allows F-1 visa holders to apply for an EB-5 visa before completing their studies, and remain in the U.S. after graduation without accumulating unlawful presence until they get their Green Cards.

The concurrent filing option allows F-1 students to file four petitions simultaneously, namely:

• Form I-526E – Immigrant Petition by Regional Center Investor (EB-5 visa application).
• Form I-485 – Application to Register Permanent Residence or Adjust Status (Green Card application).
• Form I-765 – Application for Employment Authorization Document (work permit application).
• Form I-131 – Application for Travel Document (travel permit application).

F-1 students will not need employer sponsorship to remain in the U.S. at the end of their studies by filing these four petitions concurrently. They’ll be able to work anywhere they choose, including being self-employed.

If you invest in a regional center-sponsored project, you won’t have to be involved in running the enterprise you invested in.

While you can technically file an EB-5 petition yourself, it’s best to engage the services of an experienced immigration attorney for a smooth and error-free process.

Benefits of Pursuing an EB-5 Visa While Still Studying

Students who file for an EB-5 visa from inside the U.S. enjoy several benefits when compared to foreign nationals who pursue other visas, or investors who apply through consular processing. Some of these include:

• EB-5 adjustment of status is one of the fastest ways to become a U.S. permanent resident. You’ll have the legal right to remain in the U.S. upon completing your studies as your Form I-485 is being processed.
• An EB-5 status gives you equal footing to compete in the job market.
• You won’t need employer sponsorship to live and work in the U.S., and you can pursue your interests, including self-employment.
• By acting fast and applying while you’re studying, you get to lock in an early priority date.
• Your application covers your spouse and any dependent children.
• It’s a fast-track route to U.S. citizenship. You can apply for citizenship after five years of permanent residency, which includes the two-year conditional permanent residency period.
• You can sponsor other eligible family members, such as your parents, to join you in the U.S. once you obtain citizenship.

EB5AN Can Help You Secure Your Future in the U.S.

Immigration applications are generally complex and require lots of documentation and adherence to certain rules. A slight mistake can cost you the opportunity to become a legal U.S. resident. It’s even more so for the EB-5 investor visa with its due diligence and source-of-funds requirements.

Getting expert assistance when filing an immigrant petition is essential for eliminating errors and reducing the chances of rejection. As an F-1 visa holder, you should consult with an immigration attorney before making the transition.

The EB5AN team would be happy to assist you throughout your Green Card process. We have helped more than 2,300 families from 60 countries relocate to the United States as lawful permanent residents.

Please book a free one-on-one call with our team today to learn more about your options.