Many students come to the U.S. on F-1 visas, complete their degrees, and take part in the optional practical training (OPT) program to gain work experience. However, if you want to stay longer and settle permanently in the U.S., OPT is not a long-term solution.

One of the best options in this regard is the EB-5 immigrant investor program. This program allows you to invest in the U.S. economy and, in return, become a lawful permanent resident. By following the right steps and planning carefully, you can move from a temporary student status to a Green Card holder through EB-5.

In this article, we will discuss how international students can transition from OPT to EB-5 to become permanent residents and eventually, U.S citizens.

Understanding the OPT and STEM OPT Extension

Optional Practical Training (OPT) is a work benefit for international students in the U.S. who hold F-1 visas. It allows you to work in a job directly related to your field of study. You can use OPT during your program (pre-completion) or after you graduate (post-completion), but there are time limits and rules that apply.

Most students use the post-completion OPT after graduation because it allows them to work full-time for up to 12 months. However, if you have already used some pre-completion OPT, the time available after graduation is reduced.

Generally, using one year of part-time pre-completion OPT (20 hours/week) shortens your post-completion OPT by six months. Also, if you have used one year of full-time pre-completion OPT (40 hours/week), you would not qualify for any post-completion OPT.

To apply for OPT, you must:

• Complete at least one full academic year in a degree program.
• Get a recommendation from your designated school official (DSO).
• Submit Form I-765 to U.S. Citizenship and Immigration Services (USCIS).
• Apply within a specific time, usually up to 90 days before finishing your program and about 60 days after.

Students in science, technology, engineering, or math (STEM) fields can also apply for a 24-month extension of OPT. This STEM OPT extension brings their total work time to up to 36 months. To qualify, you must hold a degree in an approved STEM field, work for an employer enrolled in the E-Verify system, and meet all reporting and compliance rules.

As a result of the temporary nature of the OPT and STEM OPT programs, international students often look for ways to extend their stay in the U.S., and this is where the EB-5 program comes in.

Introduction to the EB-5 Immigrant Investor Program

The EB-5 program is a U.S. immigration program that offers a path to a Green Card through investment. It was created in 1990 to attract foreign capital and create jobs in the U.S., and its main requirements include:

• Investment amount: You must invest $800,000 in a targeted employment area (TEA). Alternatively, $1,050,000 is required for investment in non-TEA locations.
• Investment type: Your funds must remain at risk and go into a new commercial enterprise (NCE), which is a lawful, for-profit business.
• Job creation: Your investment must create at least 10 full-time jobs for U.S. workers.
• Lawful source of funds: You must prove that your investment capital came from legitimate sources. This includes providing financial records like tax returns, bank statements, or business documents.
• Active investment: While you do not need to manage the business daily, your role must be active enough to show involvement. For many investors, this is done through USCIS-approved EB-5 regional centers, which manage projects and track job creation.

Why Transition From OPT to EB-5?

Wondering whether EB-5 is right for you or not as an international student is common, since it involves a high financial commitment. If you are in this situation, below are several reasons to consider moving from OPT to EB-5:

1. Long-term residency: OPT gives you temporary work status, but EB-5 puts you on the path to permanent residency. Moreover, with a Green Card, you can live and work in the U.S. without visa renewals.
2. Freedom from employer sponsorship: While most employment-based Green Cards need employer sponsorship, EB-5 does not. You control your path by making an investment.
3. Path to citizenship: After five years as a permanent resident, you can apply for U.S. citizenship. This opens up more rights and protections under U.S. law.
4. Flexibility for career and life: As a Green Card holder, you can work for any employer, start your own business, or take time off without losing your immigration status.
5. Family inclusion: Your spouse and unmarried children under 21 can also get Green Cards through your EB-5 application.

Step-by-Step Process to Move From OPT to EB-5

For students who plan to build a future in the U.S., EB-5 offers a direct and independent route. However, making the transition is a long and critical process. So to mitigate any potential risks, we highly recommend working with an experienced EB-5 immigration attorney. Here is an overview of the steps this process entails.

1. Secure the Necessary Funding

You need to gather the required investment amount, which is either $800,000 or $1,050,000, depending on the location of your preferred project. You must also prepare to prove a lawful EB-5 source of funds, like savings, business income, loans, gifts from family, and property sales.

This step requires organizing detailed financial records that establish a clear and traceable path for your funds. Therefore, it is advisable to work with an immigration attorney to prepare the proper documentation.

2. Research and Select an EB-5 Investment

You can invest directly in a business or go through a regional center. If you work with a regional center, they will handle most of the project details and job tracking for you. When selecting a project, look at details like the business plan to create jobs, the regional center’s track record, and the exit strategy for your capital. Make sure you conduct due diligence and seek professional guidance where necessary to avoid high-risk projects.

3. File Form I-526E

Once you’ve invested, you are to file Form I-526E. This petition shows that you meet all EB-5 program requirements. After filing, USCIS will review your petition and approve it if you have complied with all the rules.

4. Maintain OPT Status While Waiting

When your I-526E petition is pending, you must keep your OPT or STEM OPT status valid so you can stay in the U.S. legally while waiting for approval. Make sure you do not exceed your unemployment limits (90 days for OPT, 150 days for STEM OPT).

You should also get your employment authorization document (EAD) renewed as needed. If your OPT ends before you receive your EB-5 Green Card, you can move to another visa type, like H-1B. Alternatively, you will have to leave the U.S. and wait abroad until your visa is ready.

If eligible, you can file your I-485 (more details on this form below), work permit, and travel permit alongside your I-526E. This “concurrent filing” saves time and locks in lawful U.S. status—even if other visas expire.

5. File Form I-485

Once your I-526E is approved and your visa is available, you can apply for a Green Card through adjustment of status if you’re in the U.S. To do this, you will have to file Form I-485, which is your official request for permanent residency. You will go through biometrics appointments, background and security checks, and possibly an interview.

6. Receive a Conditional Green Card

When your Form I-485 is approved, you will receive a conditional Green Card that is valid for two years. This status means you are a permanent resident. However, you must meet the job creation requirement and maintain the investment during this time. Furthermore, you are expected to live in the U.S. and follow all residency rules. You can begin counting toward the five-year residency requirement for citizenship from the date you receive your conditional Green Card.

7. File Form I-829 to Remove Conditions

During the final 90 days of your conditional period, you must file Form I-829 to remove the restrictions and limitations on your Green Card. This form proves that your investment remained in place, the project created the required jobs, and you followed all program rules.

8. Obtain an Unconditional Green Card

Once Form I-829 is approved, you will receive a 10-year Green Card with full permanent residency rights. At this point, you have no conditions tied to your investment. You are free to live, work, and travel like any other permanent resident.

Best Practices When Transitioning From OPT to EB-5

Choosing to move from OPT to EB-5 requires understanding the program’s rules, preparing documentation, and working with EB-5 professionals who know the process well. The following are some tips to remember to ensure a smooth and successful transition:

• Be timely and plan strategically: It is best to initiate your EB-5 application as early as possible during your OPT. Since the process has multiple steps, early planning is the best buffer against delays and other unseen issues that might arise.
• Consult an immigration attorney: The U.S. immigration laws have some complexities that require specialized knowledge. By working with an experienced EB-5 immigration attorney, you can prevent costly mistakes and improve the likelihood of success.
• Track visa bulletin and EB-5 availability regularly: The EB-5 visa is subject to annual caps, and availability depends on your country of birth. Monitor the monthly visa bulletin from the U.S. Department of State to ensure your priority date is current. Staying informed helps you time your I-485 filing accurately and avoid unnecessary delays.

Transitioning From OPT to a Green Card Is Easier With EB5AN

Moving from an F-1 visa with OPT to a Green Card through the EB-5 program is a huge step that gives you control over your future. However, because the process can be complex, you need to consult with immigration professionals every step of the way.

If you are an international student and a U.S. Green Card is your goal, EB5AN can help you bring that dream to life. Our expert team has helped more than 2,700 families from over 70 countries relocate to the United States as lawful permanent residents. With over 10 years of experience, we are committed to helping you build a stable and independent life in the U.S.

To learn more about how you can take advantage of the EB-5 program to become a citizen of the United States, book a free call with us today.