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Differences Between an EAD and an EB-5 Green Card

Close-up of U.S. Employment Authorization Card and Permanent Resident Card partially stacked over dollar bills, representing temporary versus permanent work rights through EB5 and EAD.

If you are planning to live and work in the United States, one of the most important steps is choosing the right immigration path. While there are many visa and work permit types out there, two of the most popular ones are the employment authorization document (EAD) and the EB‑5 Green Card.

Understanding the key differences between these options is important because your decision affects more than just your job. It influences your ability to travel, start a business, sponsor family members, or even qualify for citizenship.

In this article, we will talk about the differences between an EAD and an EB‑5 Green Card, and explain your best options when it comes to working in the U.S. long term.

What Is an Employment Authorization Document?

Male construction worker in safety gear at a development site, symbolizing job creation in EB5 projects and employment opportunities for Green Card holders.

An employment authorization document or work permit is a temporary permit that allows noncitizens to legally work in the U.S. for a certain period. This document does not give you permanent resident status or make you a Green Card holder. Instead, it allows you to work while staying in the U.S. under a temporary visa status or while you are applying for another immigration benefit.

Previously, EADs were issued for two to three years. However, the USCIS policy update in 2023 extended this timeline: EADs are now issued with a five-year validity, reducing the need for numerous renewals in cases of Green Card adjudication delays. That said, here is an overview of how to get a work permit:

  • Complete Form I-765: You can fill out Form I-765 online or on paper.
  • Gather supporting documents: These include your visa, passport, photos, and proof of status.
  • Submit your application to USCIS: Processing times range from a few weeks to months, depending on your category and service center. Once approved, you will receive your EAD card via mail.

Who Qualifies for an EAD?

You can apply for an EAD if you are already in the U.S. and meet certain conditions. Some common groups that qualify include:

  • Applicants with pending Green Card applications or Form I-485.
  • Applicants for adjustment of status in other categories.
  • F-1 students with optional practical training (OPT).
  • Asylum seekers.
  • H-4 spouses of H-1B visa holders (under certain rules).
  • Deferred action for childhood arrivals (DACA) recipients.
  • Temporary protected status (TPS) holders.

EAD Benefits

An EAD offers you the following advantages if you are already in the U.S.:

  • Work authorization: You can work for any U.S. employer, full-time or part-time, unless your specific category limits it.
  • Legal stay: If tied to a valid visa or pending Green Card application, your stay is lawful.
  • Flexibility: You can change jobs without needing employer sponsorship in most cases.

What Is an EB‑5 Green Card?

U.S. Permanent Resident Card placed on a black notebook with a pen, illustrating the benefits of EB5 Green Card ownership and legal residency.

The EB-5 Immigrant Investor Program gives foreign nationals the chance to earn U.S. Green Cards by investing in American businesses. To qualify, you must invest in a new commercial enterprise that creates at least 10 full-time jobs for U.S. workers. In comparison to the temporary EAD, an EB-5 visa leads to lawful permanent residency.

To get permanent residency or a Green Card, you would have to:

  • Invest the required capital: You must invest $800,000 if the project is in a rural or high-unemployment area, or $1,050,000 in other locations.
  • File Form I-526E: You will need documents such as your proof of investment and job creation plan to file Form I-526E.
  • Apply for conditional permanent residency: If you are in the U.S., you will file Form I-485 to adjust your status. Alternatively, you will file DS-260 if you are abroad. If you are in the U.S. and a visa is immediately available to you, you can benefit from concurrent filing and apply for your Green Card while filing your Form I-526E.
  • Receive a conditional Green Card: If your Form I-485 or DS-260 is approved, you can live in the U.S. for two years as a conditional Green Card holder.
  • File Form I-829: 90 days before the conditional Green Card expires, you can file Form I-829 to remove conditions and get a 10-year renewable permanent Green Card.

Benefits of Being an EB‑5 Green Card Holder

The EB-5 Green Card gives you and your family many benefits that an EAD cannot offer, which include:

  • Permanent residency: You can live and work anywhere in the U.S. without limits.
  • No employer sponsorship: You can start a business and work anywhere because you are not tied to any company or job.
  • Travel freedom: With a Green Card, you can travel in and out of the U.S. freely.
  • Education benefits: Your children can attend U.S. public schools and pay lower in-state tuition for college.
  • Path to citizenship: After five years as a permanent resident, you can apply for U.S. citizenship. Keep in mind that the two years of conditional residence count toward meeting the five-year legal residence requirement.
  • Social benefits: With a U.S. Green Card, you can qualify for social benefits.
  • Work authorization for family: Your spouse and unmarried children under 21 also get Green Cards and can work or study.

What’s the Difference Between an EAD and an EB-5 Green Card?

The major difference between an EAD and an EB-5 Green Card is that an EAD is a temporary permit that allows you to work in the U.S. under certain conditions, while an EB-5 Green Card offers lawful permanent residency through investment. While both documents allow employment, the EB-5 Green Card provides significantly more freedom, stability, and long-term benefits.

Here’s a side-by-side comparison to help you understand the key differences between the two.

EAD (Employment Authorization Document) EB-5 Green Card
Validity Valid for up to 5 years (renewable depending on your underlying visa or pending petition). Valid for 10 years (renewable); permanent U.S. residency.
Purpose Authorizes temporary work while in valid nonimmigrant status or during pending immigration petition. Grants lawful permanent residency through investment in a U.S. business.
Path to Citizenship Does not lead to U.S. citizenship. Leads to U.S. citizenship after five years of permanent residency.
Work Flexibility May be tied to a specific visa or category; some restrictions may apply. Complete freedom to work for any employer or start a business.
Travel Permissions Requires separate travel authorization (advance parole) to leave and re-enter the U.S. Allows unrestricted travel in and out of the U.S.
Family Benefits Does not automatically cover family members; each must apply separately. Spouse and unmarried children under 21 automatically qualify for Green Cards.

Contact EB5AN to Get Employment Rights Fast

Professional man and woman collaborating in an office setting, representing employment flexibility through EAD and EB5 Green Card pathways.

If you currently rely on an EAD and feel limited by its short-term nature and other restrictions, you can consider transitioning to an EB-5 visa. With a Green Card, you have a more permanent solution that gives you and your family the freedom to live, work, and thrive in the U.S.

However, the EB-5 process requires careful planning, a clear investment, and reliable partners, and that’s where EB5AN can help. We have guided over 2,700 families from 70+ countries through the EB-5 process to become lawful permanent residents, and we can do the same for you.

Book a free consultation with us today to start your journey toward U.S. citizenship with a plan that works for you.

Three business professionals in suits reviewing a real estate model and financial documents in an office, symbolizing EB5 project planning and due diligence with third-party lenders. Free EB-5 Project Evaluation

Why EB-5 Projects With Third-Party Lenders Offer More Security

Three business professionals in suits reviewing a real estate model and financial documents in an office, symbolizing EB5 project planning and due diligence with third-party lenders.

When you’re considering an EB-5 investment, safety is probably your biggest concern. After all, this is not just a financial decision; it is also about securing a U.S. Green Card for you and your family. As such, you want to be sure that the project you choose will finish, create jobs, and return your money after the required period.

One way to lower your risk is to choose a project backed by a third-party lender. These lenders do more than just add funding, as they play an important role in keeping the project on track.

In this article, we’ll explain how third-party lenders work in EB-5 projects and why their involvement matters in making a project more likely to succeed.

EB-5 Program Overview

Close-up of a real estate transaction involving a mini house model, contract signing, and a stack of hundred-dollar bills, representing EB5 capital structure and third-party loan involvement.

The EB-5 program allows foreign nationals to invest in U.S. businesses in exchange for Green Cards. To qualify, you must invest $800,000 in a government-approved project located in a targeted employment area (TEA), or $1,050,000 in a project located elsewhere. Also, your investment must create at least 10 full-time U.S. jobs.

If you meet these conditions, you and your family (spouse and unmarried children under 21) can get Green Cards and later, apply for U.S. citizenship. The two main paths for EB-5 investing are:

  • Direct investment, where you invest in and manage a business.
  • Regional center investment, where you invest passively through a USCIS-approved regional center.

Most EB-5 investors choose the regional center route because it allows indirect job creation to count and does not require day-to-day involvement.

While regional center investments offer a clearer path to a Green Card, they still carry risk, especially when the project’s financing structure depends too heavily on EB-5 loans. If the project fails, you may not meet the job creation requirement or recover your capital. To reduce these risks, many investors look for one critical feature: a third-party lender.

What Is a Third-Party Lender?

A third-party lender is an outside financial institution, like a bank, private lender, or investment fund, that loans money to an EB-5 project. It is important to note that this lender has no direct relationship with the EB-5 regional center or developer.

Before lending capital to a project, these institutions typically do deep due diligence that involves:

  • Project review: Lenders look at budgets, construction plans, permits, and schedules.
  • Developer history: They check the developer’s experience, past performance, and credit background.
  • Market analysis: Lenders assess demand, property values, rental income, and resale potential.
  • Exit strategy: They confirm the exit strategy for loan repayment, whether it is through refinancing or sale.

Additionally, they bring in professionals to verify every detail. If something doesn’t add up, they walk away. So, when you see a project with a reputable third-party lender involved, you know someone with a serious financial interest has done a thorough review.

How Do Third-Party Lenders Offer More Security?

Business team exchanging financial documents across a conference table, illustrating third-party oversight and monitoring in EB5 project development.

Alongside the rigorous due diligence they must have gone through, projects with third-party lenders offer the following benefits for EB-5 investors:

1. Capital Structure

In a typical EB-5 capital stack, the third-party lender holds the senior loan. That means their money gets repaid first, before the EB-5 capital or the developer’s profit. Because they are in this top position, lenders care deeply about the project’s success and do not tolerate mistakes or delays.

This structure benefits you as an EB-5 investor because the developer is incentivized to manage the project well and stay on schedule. This reduces the chances of failure, which is critical for your immigration goals and your EB-5 repayment.

2. Project Oversight

Lenders don’t just hand over the money and walk away once the project starts. Instead, they monitor progress closely, ask for regular updates, and receive reports. If something looks off, they can quickly intervene to get the project back on track.

3. Risk Diversification

When a project brings in a third-party lender, it adds balance by spreading out the financial risk. Since the lender takes on a big part of the funding, often 50% or more, the full cost of the project doesn’t fall only on the EB-5 investors and the developer. Moreover, projects with multiple funding sources are better prepared to handle cost increases, market changes, or construction delays.

4. Interest Alignment

When a third-party lender is involved, all parties share the same goal: project success. The lender wants the project to succeed so they can get repaid, while you, the EB-5 investor, want the project to create jobs so you can get your Green Card.

How Senior Loans Strengthen the Capital Stack in EB-5 Projects

The most secure EB-5 project structures are those in which core funding—especially a senior loan from an independent lender—is already secured before any EB-5 capital is introduced. In these cases, the EB-5 investment serves to offset existing debt or equity, rather than being the foundation of the project’s financing.

With a third-party lender already committed, much of the capital is in place, and the lender’s thorough evaluation signals strong project viability. EB-5 funds then supplement this structure, helping to lower the overall financing load while supporting job creation goals.

This kind of setup benefits everyone involved: developers gain access to a cost-effective funding source, and investors enjoy stronger financial footing and a greater chance of meeting EB-5 requirements for Green Card approval.

Work With EB5AN to Find Reliable Low-Risk Projects

Hands of two regional center professionals planning with colorful sticky notes and a clipboard, signifying detailed project oversight and risk assessment in EB5 investments involving third-party lenders.

When investing in the EB-5 program, you need a project that is not just promising but is also protected. Generally, a project that relies mostly on senior loan financing and developer equity is a low-risk option for EB-5 investors.

At EB5AN, we prioritize project safety. And with more than a decade of experience and over 2,700 families from 70+ countries successfully supported, we provide investors with reliable EB-5 opportunities.

Book a free call with our expert team today if you are looking for an EB-5 project backed by a reputable third-party lender.

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Smart Ways F-1 Students Can Fund Their EB-5 Green Card Investment

A confident international student holding books and smiling on a U.S. campus, symbolizing young EB5 investors exploring Green Card options.

For many international students, getting a U.S. Green Card can feel uncertain. While the H-1B visa offers one option, its lottery system and strict cap make it unreliable. Because of this, more students are considering the EB-5 Immigrant Investor Program as a more direct, reliable path to permanent residency.

However, the $800,000 investment can seem out of reach for many students. If you feel this way, the good news is that all hope is not lost. In fact, with early planning and the right strategy, you can meet the EB-5 requirements.

This article explains why EB-5 is a strong immigration choice for F-1 students and practical ways they can legally finance their investment.

Why EB-5 Is the Best Option for F-1 Students

A diverse group of international students talking and laughing outside a university building, representing the growing interest in EB5 Green Cards among F1 visa holders.

Compared to other visa options, the EB-5 visa program offers the following benefits to students:

  • No employer sponsorship needed: You don’t need a job offer or to depend on a company to file paperwork for you.
  • Faster processing through rural EB-5 projects: Rural TEA projects qualify for set-aside visas, as well as priority processing by USCIS.
  • Family coverage: A single EB-5 application can include your spouse and unmarried children under 21.
  • Direct path to a Green Card: Unlike other immigration paths—which typically require going from F-1 to OPT to H-1B to EB-2 or EB-3—EB-5 allows you to apply directly for a Green Card without needing to change visa categories over several years.

How F-1 Students Can Finance Their EB-5 Investment

The law allows a wide range of lawful sources of funds for EB-5 investors as long as they are traceable. That said, below are the most common ways students can secure the required EB-5 capital:

1. Gifts

U.S. immigration law allows investors to receive gifted funds as long as the gift is unconditional and the giver can prove the legal source of the capital. To meet EB-5 requirements, you must provide:

  • A signed and notarized gift deed from the giver.
  • Proof of the giver’s income or savings, which can include salary slips, tax returns, and bank statements.

This is one of the most popular options for international students who can depend on family support.

2. Inheritance

Some students may inherit the necessary funds, and it is acceptable for EB-5 investment. To use inherited money, you may need to show:

  • A copy of the will or probate records.
  • Documents proving that the money was transferred into your account.
  • Proof of how the original wealth was earned, if available.

3. Asset Sales

If you own property, such as land, a vehicle, or even shares in a company, you can sell those assets to raise part or all of your investment. Acceptable documents include:

  • Sale agreement or deed of transfer.
  • Bank statements showing the money from the sale entering your account.
  • Proof of original purchase, such as a title deed or invoice.
  • Records showing how you obtained the asset.

4. Personal Income

Some students may have earned money before coming to the U.S., or they may run a small business remotely. As such, income from salaries, OPT earnings, business profits, or side work can be a valid source of funds. For this method, USCIS typically expects:

  • Pay slips or income statements.
  • Tax filings showing income declared.
  • Business registration documents, if the income is from business operations.
  • Bank records showing income deposits.

5. Loans

EB-5 rules allow you to use loans for your investment, but there are some conditions. If using a secured loan, it must be secured by personal assets like property or shares and taken out in your name. USCIS may also need:

  • Loan agreement or promissory note.
  • Proof of the lender’s capacity to give the loan.
  • Evidence of collateral, if required.
  • Proof of fund transfer to the EB-5 escrow account.

Personal loans from banks or family members may also be allowed, as long as all terms are clearly stated and supported by documentation.

6. Education Savings Accounts or Trust Funds

Some families create education-focused financial plans for their children, like trust funds, fixed deposits, or custodial accounts. If you’re listed as the beneficiary of such an account, and your family decides to repurpose the funds, these can help cover your EB-5 investment.

You’ll need to show:

  • Statements from the savings or trust account.
  • Documentation of how the fund was created.
  • A letter stating that the account owner permits the funds to be used for investment.

This approach works best when the account owner can also explain the legal origin of the money deposited.

Can International Students Combine Multiple Sources of Funds?

Visual representation of multiple funding sources converging into one investment pool, illustrating how F1 students can combine funds for an EB5 investment.

Yes, you can mix the different sources of funds discussed above to meet your EB-5 total investment. However, each source must be fully documented, legal, and traceable. When combining sources, you should keep all fund flows separate, label every document clearly, and use consistent names and bank accounts. Additionally, prepare a clear explanation letter for USCIS because they value transparency.

Timing Matters: When Should Students Start?

Many students wait until graduation to consider permanent residency options. However, students should begin exploring EB-5 financing options one to two years before their F-1 status or OPT expires for the following reasons:

  • Concurrent filing: If you file your EB-5 petition while still on a valid visa, you may be eligible to submit Form I-485 (adjustment of status) at the same time. This gives you work and travel rights faster.
  • Visa retrogression: For students from India or China, visa demand often exceeds supply. Filing early sets your priority date, which determines your place in line for a Green Card.
  • USCIS processing times: EB-5 petitions can take several months to process, depending on the country of origin and visa category. The earlier you begin, the sooner you’re likely to get your Green Card.

Fund Your EB-5 Transition With Expert Guidance

Group of diverse international graduates celebrating with diplomas in hand, showcasing the successful outcome of securing U.S. permanent residency through EB5 with the help of EB5AN.

Financing an EB-5 investment as a student may sound difficult, but with planning and the right strategy, it is possible. Whether your funds come from family, asset sales, loans, or a mix of everything, what matters most is that you have a document trail that proves it is legal.

We can help with this at EB5AN because we have over a decade of experience in guiding more than 2,700 families from 70+ countries to become lawful permanent residents of the United States.

To learn more about how you can transition from F-1 to EB-5 as an international student, book a free one-on-one consultation with us today.

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How New Single-Family Homes Support Your EB-5 Visa Success

A smiling family taking a selfie outside a newly built single-family home, symbolizing the lifestyle appeal and demand driving EB5 housing project success.

When it comes to choosing the right EB-5 investment, new single-family homes offer a unique edge. When structured correctly, these properties not only meet the strict job creation and “at-risk” requirements of the EB-5 program, but they also align with current housing market trends, providing investors with both immigration compliance and peace of mind about project success.

With the current state of the housing sector, tight inventory, and shifting lifestyle preferences, single-family home developments are in high demand across the U.S. For EB-5 investors, this sector combines stability and clear timelines, making it an ideal option for those seeking a Green Card through investment.

In this article, we’ll break down why this asset class works so well for EB-5 applicants and how it can strengthen your immigration plan.

Why Real Estate Is a Top Choice for EB-5

A row of rising coin stacks with colorful house models, representing the growing value and strong market performance of single-family homes in EB5 investments.

Real estate has long been a preferred asset class for investors who want a Green Card for the following main reasons, among many others.

1. Tangibility and Transparency

Unlike startups or investment funds that don’t involve a physical asset, real estate is physical. This makes it easy for you to see the property, inspect the location, monitor construction progress, and understand the development timeline.

Additionally, real estate transactions involve documentation that is easy to validate, such as title records, permits, labor contracts, and construction invoices. Therefore, you’ll find it easier to provide clear, verifiable evidence to USCIS, both at the I-526E stage and when removing EB-5 Green Card conditions with Form I-829.

2. Built-In Job Creation

The EB-5 program requires that your investment create at least 10 full-time jobs for qualifying U.S. workers. Luckily, new real estate developments, especially those involving ground-up construction, naturally create jobs across a variety of roles. These include:

  • Construction laborers
  • Architects and engineers
  • Project managers
  • Materials suppliers
  • Property managers and leasing staff

These jobs are relatively easy to document, particularly in regional center projects where indirect and induced jobs are counted using economic models.

3. At-Risk Capital With Clear Structure

The law requires your EB-5 investment to remain at risk throughout the process, meaning there can be no guarantee of return. However, “at-risk” does not mean reckless or vague. In fact, real estate projects allow you to engage in ventures where the risk is defined, measured, and managed.

A well-structured new home development provides projected returns, realistic timelines, and professional oversight. This makes it easier for you to meet both the immigration standard of “at-risk” investment and the personal goal of protecting your capital.

Additional Reasons to Invest in New Single-Family Homes

Aerial view of a suburban neighborhood with detached single-family homes, illustrating the expansion of EB5 housing projects into growing U.S. communities.

A Freddie Mac report estimates that the country is short by about 3.7 million housing units, which implies that there is a nationwide shortage of homes in the U.S. Recently, the demand for shelter has leaned more towards the single-family market, because families, first-time buyers, and remote workers prefer private space over shared multi-unit buildings.

Unlike older homes, single-family homes offer modern floor plans, energy efficiency, and technology features like smart thermostats and solar-ready wiring. These are qualities that renters and buyers seek out, making them easier to lease or sell.

For EB-5 investors, the strength of a project often hinges on how appealing its underlying assets are in today’s market. Single-family homes stand out as a smart asset class because of their broad renter appeal and long-term durability. With modern features, energy-efficient systems, and low-maintenance materials, these homes tend to lease quickly and retain tenants—supporting consistent income for the project. Their longer lifespan reduces upkeep costs over time, while demand remains high in both established and emerging suburban markets. Add in features like smart tech and improved safety standards, and it’s clear why this asset type helps EB-5 projects stay competitive, stable, and well-positioned for success.

EB5AN Offers Top-Tier Single-Family Home Projects

A businessman drawing a rising arrow chart, reflecting the financial growth potential and long-term stability of EB5AN projects backed by single-family housing assets.

Deciding to place your EB-5 funds in the single-family homes sector is a smart move if you want to achieve your residency and financial goals as an EB-5 investor. However, it is important to partner with top-tier developers and reputable regional centers to make your dreams a reality.

EB5AN has worked with leading developers like Kolter Homes on several successful single-family home projects. Moreover, we have helped more than 2,700 families from 70+ countries relocate to the United States as lawful permanent residents.

Book a free call with our team today to learn more about how EB5AN-sponsored projects can help you obtain your Green Card.

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How Indian H-1B Workers Can Use EB-5 to Stay in the U.S. Legally

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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

Indian H1B workers and international colleagues collaborating in a U.S. tech office, highlighting skilled immigrants exploring EB5 options.

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

Young Indian family sharing a meal together, representing how EB5 can help secure U.S. residency and stability for spouses and children.

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.

Digital security shield over symbolic family and home, illustrating the protection and peace of mind EB5 offers to H1B workers facing visa risks.

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.

Free EB-5 Project Evaluation

How New EB-5 Investors Can Fast-Track the Green Card Process

Close-up of a small American flag on a desk in a modern office, symbolizing the EB5 process and legal steps involved in obtaining visas.

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

A focused individual preparing EB5 paperwork and reviewing project documentation to meet source of funds requirements for EB5 investors.

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

An EB5 investor organizing finances and documenting lawful source of funds.

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

USCIS Form I-485 and other immigration forms, representing the concurrent filing process for EB5 applicants.

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

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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.

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How to Use an Installment Plan to Fund Your EB-5 Goals

A person calculating EB5 investment installments using a calculator and financial documents, symbolizing step-by-step planning for funding a U.S. Green Card through partial payments.

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

An investor calculating EB5 fund transfers on a smartphone with U.S. dollar bills in hand, illustrating flexible funding options for EB5 through phased payments.

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

An investor calculating EB5 fund transfers on a smartphone with U.S. dollar bills in hand, illustrating flexible funding options for EB5 through phased payments.

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

An individual preparing detailed paperwork with color-coded tabs, highlighting the documentation required for EB5 source of funds and installment tracking.

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

An EB5 investor discussing financial terms with a project advisor, reflecting the planning stage for EB5 real estate investment using installments.

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.

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How F-1 Students Can Get a Green Card Through the EB-5 Program

Group of diverse international students walking on a U.S. college campus, symbolizing F1 visa holders exploring future opportunities like the EB5 Green Card program.

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?

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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

F1 students collaborating on a project, reflecting the ambition and planning involved in transitioning to a Green Card through EB5 investment.

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

Young international student holding a U.S. flag and passport, standing confidently in front of a yellow background with the EB5AN logo, representing the EB5 visa opportunity for F1 graduates.

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.

Free EB-5 Project Evaluation

How to Navigate Immigrant Intent and EB-5 Adjustment of Status

Young woman smiling confidently in a classroom setting with American flags, symbolizing a successful EB5 investor achieving a Green Card through adjustment of status.

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?

Happy young woman holding a passport and boarding pass, representing a seamless EB5 transition for immigrant investors traveling to the U.S.

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

Immigration lawyer discussing documents with a client, highlighting professional guidance on EB5 immigrant intent and adjustment of status.

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

USCIS Form I-485 application on a clipboard, illustrating the EB5 adjustment of status process for permanent U.S. residency.

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.

Free EB-5 Project Evaluation

Concurrent Filing for EB-5 Investors: A Faster Path to a U.S. Green Card

EB5 immigration forms including Form I-526E and Form I-485, placed beside a pen and U.S. flag, symbolizing concurrent filing for Green Card applicants.

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?

Investor reviewing EB5 immigration documents at a desk, illustrating the preparation process for 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?

Close-up of Form I-485 with a partial view of a U.S. permanent resident card and flag, representing adjustment of status through the EB5 program.

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

Immigration attorney or judge at desk with gavel, scales of justice, and paperwork, highlighting legal guidance in the EB5 concurrent filing process.

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.