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

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

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

What the EB-5 Program Requires From Investors

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

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

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

Why Does the Investment Duration Matter?

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

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

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

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

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

How to Evaluate Investment Duration Before You Invest

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

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

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

Take Control of Your EB-5 Timeline With EB5AN

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

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

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

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

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

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

About the EB-5 Program

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

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

Shortcomings of the F-1 Visa

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

Difficult Transition to Employment Visas

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

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

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

Risk of Aging Out

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

How the EB-5 Program Helps Indian Students

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

1. Includes the Whole Family

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

2. No Long Waits

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

3. Gives Career Flexibility

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

4. Improves Access to Education

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

5. Reduces Stress

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

6. Expands Healthcare Options

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

Steps to Apply for an EB-5 Visa

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

1. Choose an Investment Project

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

2. Prove Legal Source of Funds

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

3. File the EB-5 Petition

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

4. Apply for a Green Card

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

5. Remove Conditions After Two Years

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

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

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

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

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

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

Sourcing Funds for Your EB-5 Investment

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

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

Special Considerations for Indian Students

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

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

Why Indian Students Must Apply for EB-5 Without Delay

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

Benefit From Concurrent Filing

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

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

Beat Future Backlogs

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

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

EB5AN Can Help You Transition to Permanent Residency

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

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

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

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

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

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

What Business Success Means for EB-5 Investors

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

Immigration Success

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

Investment Repayment

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

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

Key Factors That Influence Business Success in EB-5 Projects

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

1. Strong Business Plan

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

2. Experienced Management Team

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

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

3. Clear Use of Funds

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

4. Market Demand

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

5. Job Creation Strategy

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

6. Exit Strategy

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

Comparing Business Feasibility Across Different EB-5 Project Categories

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

Energy and Operations-Based Projects

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

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

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

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

Real Estate

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

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

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

Bolster Your EB-5 Success With EB5AN

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

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

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

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

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

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

The EB-5 Program Overview and Its Key Benefits

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

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

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

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

Do EB-5 Investors Have the Right to Work?

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

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

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

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

Consular Processing

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

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

Adjustment of Status

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

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

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

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

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

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

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

Can EB-5 Investors Work for Their Own Business?

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

Can EB-5 Investors Work Remotely?

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

Can EB-5 Spouses and Children Work?

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

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

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

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

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

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

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

Over the years, many investors and their families have used the EB-5 program to build a future in the U.S. In 2022, Congress passed the EB-5 Reform and Integrity Act (RIA), a legislation that brought several updates to the program. One of the most important changes introduced was the creation of reserved set-aside visas.

These are special visa categories within the EB-5 program that prioritize certain types of investments, and the goal is to make the program more accessible and encourage development in areas that need it most.

This guide explains what you need to know about reserved set-aside visas and how they can improve your chances of success in the EB-5 process.

What Are Reserved Set-Aside Visas?

Reserved set-aside visas are a special allocation of EB-5 Green Cards reserved for investors who invest their capital into projects located in specific priority areas. These visas were introduced to spread EB-5 investments more evenly across the country. Instead of concentrating projects in a few big cities, it encourages development where it is most needed.

Each year, the U.S. government sets aside 32% of the total EB-5 visas available. That means around 3,200 visas are “reserved” for investors who place their funds in projects that fall under one of these three types:

• Rural area projects (20%): Rural EB-5 investment areas are locations outside of towns or cities with 20,000 or more people.
• High-unemployment area projects (10%): High-unemployment areas are urban or rural zones where unemployment is at least 150% higher than the national average.
• Infrastructure projects (2%): Infrastructure projects are large-scale developments such as roads, bridges, or transportation systems that are approved by a U.S. government agency.

Unlike unreserved visas, reserved set-aside visas offer major benefits, especially for investors from countries with backlog pressure. Applicants from high-demand countries like China and India often face long waits for regular EB-5 visas. By choosing a reserved category, especially a rural TEA, they may shorten that wait and avoid backlogs.

The EB-5 visa minimum investment amount for projects TEAs is also reduced to $800,000, instead of the regular $1,050,000.

Frequently Asked Questions About Reserved Visas

Are There Backlogs in the Reserved Visa Categories?

As of now, there are no official backlogs in the reserved visa categories. The U.S. Visa Bulletin lists all three categories, rural, high-unemployment, and infrastructure, as “current.” This means visas are available.

However, demand for these reserved visas is growing quickly. Experts expect that within 2025, backlogs will start to show on the Visa Bulletin for investors from countries like India and China. The January 2025 Visa Bulletin even mentioned this possibility. Even if backlogs appear, investors using the reserved categories still have much shorter wait times compared to those in the unreserved category or who filed before the RIA. Opting for rural TEA projects can also make a significant difference for Indian and Chinese EB-5 investors.

Do Reserved Visas Carry Over Indefinitely?

No, they do not. Reserved visa categories have a fixed number of visas set aside each fiscal year. Unused visas in reserved categories do not roll over year to year in the same way as general EB-5 visas. You must act during the current fiscal year or risk losing your chance. This rule encourages timely application but also adds urgency to the process.

Are the Reserved EB-5 Visas Subject to Per-Country Caps?

The reserved EB-5 visa categories are subject to the 7% per-country cap. However, unused reserved visa numbers from other countries can be redistributed to applicants from countries like India and China.

What Should We Expect From the Rest of Fiscal Year 2025?

In fiscal year 2025, many reserved EB-5 visas must be used or they’ll be lost. This pressures USCIS and the State Department to quickly process I-526E and I-485 applications. Visa retrogression in the high-unemployment category is also expected to happen within the fiscal year, so investors from high-demand countries are recommended to explore low-risk rural TEA project options offered by reputable regional centers.

Take Advantage of Reserved EB-5 Visas With EB5AN

Reserved visas help move EB-5 away from a first-come, first-served race toward a system that rewards job-creating investments in underserved areas. From selecting the right EB-5 project to preparing your documentation, every step requires careful planning and reliable information.

With over 2,700 families from more than 70 countries already helped to become permanent U.S. residents, EB5AN understands the EB-5 journey inside out. Our EB-5 professionals are ready to guide you if you are thinking about applying under one of the reserved visa categories.

Schedule a free consultation with an EB5AN expert today and start your journey to securing your EB-5 visa.

Starting the EB-5 process often involves a mix of careful planning and uncertainty. Investors gather financial documents, choose a project, then wait for U.S. Citizenship and Immigration Services (USCIS) to process their application. Sadly, some EB-5 petitions may not get approved.

For many people, this moment can feel frustrating, especially because they have put in time and money. However, understanding the reasons behind a denial can help you prepare better or fix what went wrong. In this article, we will explain the most common reasons why an EB-5 petition might get denied and what to do if that happens.

Common Causes for EB-5 Petition Denial

Knowing why USCIS might not approve your EB-5 petition is the first step to avoiding costly mistakes. Most denials happen because of issues with documents, the investment, or the rules around job creation and eligibility. That said, below is a breakdown of some of the most frequent causes.

1. Incomplete or Incorrect Documents

USCIS has strict documentation requirements for complete and clear records. Your application must include forms like the I-526 or I-526E, personal identity records, proof of investment, business plans, and source of funds documentation. If even one required document is missing, or if a form is outdated or filled in the wrong way, your petition may be denied.

In some cases, investors leave out key pages of tax returns or fail to translate documents into English. In others, they submit handwritten forms or use copies that are hard to read. Even minor errors, like not signing a form or using the wrong dates, can cause issues because the officers will not guess or fix mistakes for you.

2. Source of Funds Problems

The EB-5 program requires you to prove that your investment money came from legal sources. This process is commonly referred to as source of funds. Here, the reviewing officers want a full and clear record showing how you earned, transferred, and invested the funds.

If this money trail seems unclear or suspicious, the petition may be denied. Some common issues that can happen when proving source of funds include:

• Not showing enough evidence to explain how you earned the money.
• Using funds from gifts or loans without providing full documentation.
• Not showing where a donor or lender got their money.
• Sending money through too many different accounts without a clear paper trail.

3. Job Creation Issues

The EB-5 program is not just about investing money because you are required to create at least 10 full-time jobs for U.S. workers.

You are expected to provide solid numbers, timelines, and explanations for this. If your plan is vague or unrealistic, or if it does not explain how the jobs will be created, your petition might get denied. Setbacks often happen if you:

• Submit business plans that are too general or missing key job details.
• Rely on indirect jobs, but don’t provide proper economic models.
• Assume future jobs will come, but don’t show how or when.
• Work with projects that have delays or unclear hiring plans.

4. Problems With the Investment

The minimum EB-5 investment amount is $800,000 for targeted employment areas (TEAs) and $1,050,000 for other areas. The investment must be “at risk,” which means there can be no guarantee of return or refund. Also, the funds must go into a real business that creates jobs, not just sit in a personal account or be used for passive investment.

Some common mistakes here include:

• Investing less than the required amount.
• Not transferring the funds properly. For example, money stuck in escrow for too long.
• Working with a business that does not qualify as a new commercial enterprise (NCE).

5. Regional Center Problems

If a regional center loses its USCIS approval, misuses funds, or fails to meet program rules, your petition could get denied, though there are some protections in place to protect investors in cases like these.

Some signs of trouble include:

• Regional centers that stop responding to investors.
• Projects that are delayed or do not start as planned.
• Incomplete or misleading business plans.
• Lack of updates about fund use or job creation.
• Losing designation during the I-526E or I-829 process.

6. Children Aging Out or Getting Married

The EB-5 program allows you to include your spouse and unmarried children under age 21 in your petition. However, age and marital status are strict limits. If your child turns 21 or gets married before the Green Card is issued, they may lose eligibility.

In some cases, the Child Status Protection Act (CSPA) can freeze a child’s age during part of the process, but this does not cover every case. Another issue arises if your child gets married during the process. Even if they were under 21 when you filed, getting married disqualifies them from receiving a Green Card through your petition.

7. Other Reasons

EB-5 investors may face denial for other reasons, such as health reasons, previous criminal convictions, security-related concerns, or former immigration application violations. Be sure to review all the personal requirements and qualifications of the EB-5 program to ensure you meet them.

Steps to Take After an EB-5 Petition Denial

Getting a denial on your EB-5 petition can feel disappointing. But it does not mean the journey is over. The key is knowing what steps to take and doing them the right way.

Nonetheless, before taking any action, it is a good idea to speak with an immigration attorney to guide you on avoiding the same mistakes. Below are common steps that you can take after an EB-5 petition denial.

1. Review the Denial Notice

The denial letter explains why your petition was denied. It points out the specific problems, such as missing documents, unclear source of funds, or job creation issues. Go through the notice and try to match each point to the documents and forms you submitted.

You can also share it with your attorney and ask them to explain each part. They can help you understand whether the issue is something that can be fixed, appealed, or whether a new petition is needed.

2. File a Motion to Reopen or Reconsider

If your petition was denied due to missing information or a mistake, you have the option to file a motion to reopen or a motion to reconsider. A motion to reopen is used when you have new evidence or documents that you did not include the first time.

On the other hand, a motion to reconsider is used when you believe the officer made a legal or factual error in reviewing your petition. You must file these motions quickly, usually within 30 days of the denial notice.

3. Appeal to the Administrative Appeals Office (AAO)

If you think your petition was denied in error, and a motion is not enough, you can file an appeal with the AAO. Here, you must explain why the denial was incorrect and provide clear support. The AAO will then look at your case again and decide if the denial should be reversed.

This process can take several months or longer, depending on the case. If the AAO agrees with you, they may approve the petition or send it back for a new review. If they do not agree, they will let you know in writing.

4. File a New EB-5 Petition

For denials based on problems that cannot be fixed with a motion or appeal, starting over may give you a better chance of success. When you file a new EB-5 petition, you get to correct all the issues that led to the first denial.

You can include missing documents, provide a better business plan, or invest in a different project. This time, you may want to work with a different legal team, financial advisor, or regional center, depending on what went wrong the first time.

How to Avoid an EB-5 Petition Denial in the Future

An EB-5 petition denial can feel overwhelming, but it can be easily avoided by taking all the right steps. Let’s walk through how you can prevent a denial in the first place.

1. Prepare Strong Documentation

It is vital to ensure that all forms are completed correctly and that your application includes the necessary supporting documents. You can improve your chances by:

• Using the official USCIS website to download the latest versions of each form.
• Reviewing instructions for every form and double-checking for errors.
• Submitting translated copies of all foreign-language documents, with a certificate of translation.
• Keeping a checklist and going through it before sending your application.

2. Choose the Right Investment

Investing in a project with no clear plans to create jobs will likely lead to a denial. Therefore, you need to conduct due diligence to avoid projects that do not demonstrate a clear path to success.

You should also work with a regional center that has a strong reputation and history of EB-5 approvals. Furthermore, you can partner with experts like attorneys, financial experts, and business advisors who can help you assess the risk and viability of potential projects.

3. Be Proactive When Filing for Your Children

To avoid the denial of your child’s Green Card application, you can do the following:

• File your petition as early as possible if you have children close to age 21.
• Track USCIS processing times and look for options to speed up your case.
• Talk to an immigration attorney about using the CSPA or separate filings for your child.

4. Stay Updated

The EB-5 visa program is subject to changes in law, policy, and regulations. It is essential to stay informed about any updates to the program that could affect your investment. Monitor USCIS updates, follow industry news, and consult with your attorney to know regulatory changes that could affect your petition.

Work With EB5AN to Minimize EB-5 Petition Denial Risks

USCIS may deny EB-5 petitions for several reasons, but most of these problems can be prevented with careful planning. If you’re thinking about applying, take the time to learn the requirements, gather strong documents, and work with professionals who know the EB-5 process.

At EB5AN, we understand the ins and outs of getting a Green Card and are committed to providing expert support throughout your EB-5 journey. We have helped more than 2,700 families from over 70 countries become permanent U.S. residents.

Reach out to us today for free, and let’s work together to make your EB-5 petition successful.

The EB-5 Immigrant Investor Program offers a unique opportunity for foreign nationals to secure U.S. permanent residency. With thousands of investors participating each year, the program continues to attract individuals and families seeking long-term stability and access to the benefits of life in the United States.

But what truly drives someone to become an EB-5 investor? For most, it’s a strategic decision tied to personal, financial, and generational goals. With family security and access to the world’s largest economy being strong motivators, investors weigh the program’s costs and benefits carefully before making the commitment.

In this article, we’ll explore the top motivations behind choosing the EB-5 visa, as well as the best practices to consider before beginning the process.

The EB-5 Immigrant Investor Program: A Quick Overview

The EB-5 Immigrant Investor Program was created by the U.S. Congress in 1990. Its goal is to attract foreign investment into the U.S. economy and create jobs for American workers. In return, foreign investors and their immediate family (spouse, and unmarried children under 21) can receive Green Cards.

To qualify, you must invest $1,050,000 in a new business or $800,000 if the business is in a targeted employment area (TEA). A TEA is a rural area or a place with high unemployment. The funds must be at risk, and the business must also create at least 10 full-time jobs for U.S. workers.

There are two ways to invest: direct investment and through a regional center. With direct investment, you run your own business. On the other hand, a regional center investment allows you to invest through a government-approved project. Many investors choose regional centers for convenience and easier job creation tracking.

Once your Form I-526E is approved, you and your family can apply for conditional Green Cards valid for two years. If you are already in the United States and a visa is immediately available to you, concurrent filing allows you to submit your Green Card application at the same time as your I-526E petition, helping you stay in lawful status and potentially speed up the process.

Before the end of your conditional residency period, you must show that the investment remained active and created the required jobs. If approved, you receive permanent residency. After five years as a Green Card holder, you become eligible to apply for U.S. citizenship.

Key Motivations Behind Choosing the EB-5 Visa

Indeed, the financial investment of the EB-5 visa program is significant. However, many foreign investors see it as a way to build a secure and flexible future in the United States. Below is an overview of the main reasons investors choose the EB-5 visa, making the U.S. a top destination for families.

1. Family Security and a Better Future for the Children

Many investors see the EB-5 program as a way to secure a safer and more stable future for their families, especially their children. This is because it grants permanent residency not only to the investor but also to their spouse and unmarried children under 21.

Moreover, foreign nationals believe EB-5 is a way to escape economic or political instability in their home countries. Since the U.S. offers a stable environment with better healthcare, social services, and legal protections, they have peace of mind that their family is secure.

2. Economic Opportunity and Stability

The U.S. economy remains one of the largest and most stable economies globally. As a result, investing in the United States provides access to a mature market with strong legal protections for business and property rights. This stability is also appealing if you want to diversify your investment portfolio with EB-5.

For investors, putting a substantial amount of money in the U.S. economy is a strategic move. First, they get the chance to support projects such as real estate developments in a growing economy. Secondly, this investment has potential for a full repayment alongside immigration benefits.

3. Educational and Career Flexibility

The United States hosts many of the world’s top universities and research institutions, offering a range of academic programs, advanced degrees, and professional training options. For families, the chance to access these educational opportunities without visa restrictions is a major benefit.

Children can attend public or private schools, colleges, and universities, while spouses can also seek work or further education without special permits. The flexibility extends to careers as well. EB-5 investors and their family members can work in any field or start their own businesses without being tied to a specific employer or sponsorship.

4. Pathway to Permanent Residency and Citizenship

Unlike many temporary visa categories that require continuous renewals and can be subject to changing policies, the EB-5 program offers conditional permanent residency followed by a route to a full Green Card. After five years of total residency in the country, EB-5 investors can apply for citizenship by naturalization.

Being a U.S. citizen comes with many benefits. For instance, you gain access to federal benefits like healthcare, financial aid, and the right to vote. Furthermore, you can sponsor certain relatives for immigration.

5. Program Flexibility and Inclusivity

The EB-5 program offers a level of flexibility and inclusivity that other visas, like employer-sponsored visas, do not have. It does not restrict applicants based on their country of origin, profession, or special skills. As long as you meet the investment and source of funds requirements, you can apply.

Moreover, the fact that investors can choose direct investment or work with a regional center allows them to select projects that match their financial goals and risk tolerance.

6. Freedom of Movement and Global Mobility

The EB-5 visa allows holders to live and work freely within the United States. In contrast to temporary visas that are tied to specific employers or schools, the EB-5 Green Card does not restrict travel or employment options. Additionally, when you become a U.S. citizen, you gain access to a U.S. passport, which provides you with global mobility because it is among the most powerful in the world for travel.

Best Practices to Consider When Exploring the EB-5 Program

Deciding to pursue the EB-5 visa is a significant step, both financially and personally. To increase your chances of success and avoid common pitfalls, it’s essential to approach the process with the right strategy, support, and awareness. Below are key best practices every prospective EB-5 investor should keep in mind before moving forward.

• Work with trusted professionals: This includes an EB-5 immigration attorney and an EB-5 consultant. They can explain the law, help you choose the right investment, and guide you through the process. Not all projects or regional centers are equal, so conducting due diligence is non-negotiable.
• Check the credibility of the project: If you choose to invest through a regional center, make sure it has a good history and is approved by the U.S. Citizenship and Immigration Services (USCIS). Ask for documents that show the project’s success in creating jobs and returning capital to past investors.
• Understand the risk: The law requires that your investment remains “at risk” to qualify for the EB-5 visa. This means there is no guarantee of profit or return. Therefore, you should be cautious of any promise of risk-free investment.
• Know the timeline: The EB-5 process can take time, so patience and planning are necessary. You will first receive a conditional Green Card for two years. After that, you must show that the investment created the required jobs before proceeding to the next stage. However, you can live and work legally in the United States before this process is fully complete, so be sure to apply sooner rather than later to avoid unnecessary delays.
• Stay involved and informed: Keep communication open with your advisors. Review updates on your petition status and ask questions if anything seems unclear. Being actively engaged can help you spot problems early and avoid costly delays or mistakes.

Embrace Your Future as a U.S. Citizen With EB5AN

Pursuing the EB-5 visa is motivated by different reasons, ranging from financial to personal goals. Irrespective of your reason, it is always best to fully understand the benefits and challenges before starting the process. By partnering with experts, you can improve the chances of securing a brighter future for you and your family.

For over a decade, EB5AN has led the industry by helping more than 2,700 families from 70+ countries relocate to the United States as lawful permanent residents. We prioritize clarity, compliance, and due diligence, so you can move forward with confidence toward your goal.

If you are ready to embrace your future as a U.S. Green Card holder, book a one-on-one call with our team today.

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.

Learning about the difference between immigrant and non-immigrant visas is the first step to choosing the right U.S. visa for your goals. Whether you’re planning a short visit or aiming to become a permanent resident, your visa category determines how long you can stay and what you’re allowed to do in the United States.

From tourist and student visas to employment-based Green Cards, the U.S. immigration system offers a wide range of visa types, each with its own rules, benefits, and limitations. Making the right choice matters, especially if you’re hoping to extend your stay or adjust your status in the future.

In this guide, we’ll break down the key differences between U.S. immigrant and non-immigrant visas, explore the most common options, and help you determine which one fits your situation best.

What Is an Immigrant Visa?

An immigrant visa is a U.S. visa that allows a foreign national to live and work permanently in the United States. Individuals who receive an immigrant visa are granted lawful permanent resident status, which means they can stay in the U.S. indefinitely and eventually apply for U.S. citizenship, if eligible.

Immigrant visas are intended for people who plan to make the U.S. their long-term home. After entering the country with this visa, recipients are typically issued a Green Card. This gives them the right to work for any employer, own property, attend school, and enjoy most of the rights U.S. citizens do, except voting.

Types of Immigrant Visas

Immigrant visas are usually given for reasons like work, family, or humanitarian protection. Each type of immigrant visa has its own rules, and you must qualify based on those requirements. Let’s take a closer look at each one.

1. Employment-Based Immigrant Visas (EB Visas)

EB visas are for individuals who have job skills needed in the U.S. economy. They typically require sponsorship from a U.S. employer and may involve a labor certification process.

• EB-1 Visa: For individuals with extraordinary ability in fields like science, arts, education, business, or athletics. Also, the EB-1 visa is available to outstanding professors, researchers, and multinational executives.
• EB-2 Visa: For professionals with advanced degrees or exceptional ability. A job offer and labor certification are usually required unless applying for a National Interest Waiver.
• EB-3 Visa: For skilled workers, professionals, and other labor positions. Requires a full-time job offer and labor market testing.
• EB-5 Visa: For investors who invest a qualifying amount in a U.S. business that creates at least 10 full-time jobs. This is a direct path to a Green Card through economic contribution.

2. Family-Based Immigrant Visas

Family-based immigrant visas allow U.S. citizens and lawful permanent residents to bring close family members to live in the United States permanently. There are two main categories of family-based visas:

• Immediate relative visas: Reserved for the closest family members of U.S. citizens, including their spouses, unmarried children under the age of 21, and parents. These visas are not subject to annual limits and are typically processed faster.
• Family preference visas: Designed for more extended family relationships, such as adult children (married or unmarried) and siblings of U.S. citizens. This category also includes the spouses and unmarried children of lawful permanent residents. Unlike immediate relative visas, these are subject to yearly caps, which can lead to longer waiting times.

3. Diversity Visa (DV) Lottery

The Diversity Visa Lottery, also known as the Green Card Lottery, gives people from countries with low immigration rates a chance to live in the United States. Each year, the U.S. government selects about 55,000 people randomly from eligible countries.

To qualify, you must be from an eligible country and have at least a high school education or two years of work experience in a qualifying job. If chosen, you and your eligible family members can apply for a Green Card. The DV Lottery is free to enter, but it is important to follow instructions carefully and avoid scams.

4. Refugee or Asylee Status

These humanitarian visa options are for people fleeing persecution or danger in their home countries. The U.S. grants refugee or asylee status based on fear of persecution related to race, religion, nationality, political opinion, or group membership.

• Refugees apply from outside the U.S. and must be approved before entering.
• Asylees apply from within the U.S. or at a port of entry.

After one year in the U.S., both groups become eligible to apply for a Green Card.

What Is a Non-Immigrant Visa?

A non-immigrant visa is a temporary U.S. visa that allows foreign nationals to enter the country for a limited time and for a specific purpose, such as tourism, business, study, or short-term employment. Unlike immigrant visas, non-immigrant visas do not lead to permanent residency or a Green Card.

To qualify, applicants typically must prove that they intend to return to their home country after their visit. These visas have fixed durations and conditions, and violating them can result in visa revocation or future entry bans.

Types of Common Non-Immigrant Visas

The U.S. offers a wide range of non-immigrant visas, each designed for different activities. Below are some of the most common categories.

1. Visitor Visas (B-1/B-2)

Visitor visas are among the most commonly issued non-immigrant U.S. visas. Whether you’re attending business meetings or simply sightseeing, the B-1 and B-2 visa categories allow foreign nationals to enter the United States for short-term purposes without seeking employment.

• B-1 Visa: For business-related travel, such as attending meetings, conferences, or contract negotiations. Employment or payment in the U.S. is not allowed.
• B-2 Visa: For tourism, visiting family, or receiving medical treatment. This visa also prohibits employment and typically allows stays of up to six months.

2. Student Visas

The two main types of student visas that allow foreign students to study in the U.S. include the F-1 and M-1 visas. The F-1 visa is for academic students. It covers programs at colleges, universities, high schools, language schools, and other academic institutions. The M-1 visa is for vocational or technical programs, such as culinary schools or mechanical training.

3. Exchange Visitor Visas (J-1)

The J-1 visa is for people taking part in approved exchange programs. These programs help promote cultural and educational exchange between countries. You may qualify for a J-1 visa if you are a student in a short-term exchange program, a research scholar, or a medical trainee. Some J-1 visa holders must spend two years outside the U.S. before applying for certain other visas, especially if they received government funding.

4. Temporary Work Visas

The U.S. offers several types of temporary work visas for foreign professionals and company transfers. These non-immigrant employment visas, including the H-1B and L-1 visas, are employer-sponsored and allow skilled workers to contribute to the U.S. labor market for a set period.

• H-1B Visa: For skilled professionals in specialty occupations
• L-1 Visa: For employees of international companies transferring to a U.S. office. Includes:
  • L-1A: For executives and managers
  • L-1B: For employees with specialized knowledge

Both visas allow dependent family members to accompany the visa holder, with spouses often eligible for work authorization with certain limitations.

5. E-2 Visa

The E-2 visa is for nationals of treaty countries who invest a substantial amount of capital in a U.S. business. It does not lead to a Green Card, and only nationals of certain countries with a treaty with the U.S. can benefit from this visa option.

Immigrant vs. Non-Immigrant Visa: Key Differences Compared

When comparing immigrant and non-immigrant U.S. visas, the primary difference lies in the intended duration and purpose of your stay. Here’s a quick breakdown of how the two categories compare:

Understanding which visa best fits your goals, whether it’s a brief visit or long-term relocation, will help you avoid costly mistakes and immigration delays.

Can You Change a Non-Immigrant Visa to an Immigrant Visa?

Yes, it is possible to change from a non-immigrant visa to an immigrant visa, but only under specific conditions. This process is known as adjustment of status if you’re already in the U.S.

For example, someone on a student visa (F-1) who later secures a qualifying job offer might become eligible for an employment-based immigrant visa like the EB-2 or EB-3. Similarly, a person visiting the U.S. on a B-2 tourist visa who marries a U.S. citizen may apply for a family-based Green Card.

However, many non-immigrant visas require applicants to demonstrate non-immigrant intent, which is a promise to return home after their temporary stay. If immigration officers believe your original intent was to immigrate all along, your adjustment could be denied and may affect your ability to reenter the U.S.

To avoid these risks, it’s important to consult an immigration attorney who can assess your specific visa history, intentions, and eligibility before beginning the adjustment process.

How EB5AN Can Help You Become a U.S. Permanent Resident

Choosing the right visa is just the first step. Navigating the U.S. immigration system takes strategy, preparation, and trusted guidance. If your long-term goal is to live in the United States, the EB-5 immigrant investor visa may offer one of the most direct and rewarding paths to permanent residency.

At EB5AN, we specialize in helping foreign investors secure Green Cards through the EB-5 program. Our team has assisted over 2,700 families from more than 70 countries in achieving permanent residency in the U.S.

Whether you’re exploring immigrant visa options for the first time or looking for a smoother path to U.S. residency, EB5AN is here to guide you every step of the way. Book a free consultation today.

The United States remains a top choice for international students and professionals in science, technology, engineering, and math, commonly known as STEM fields. However, for many people, staying long-term can be challenging. Many visa programs have strict rules, time limits, or uncertain outcomes.

People often have to plan their lives around visa renewals, lotteries, or changing immigration laws. Luckily, the EB-5 Immigrant Investor Program offers another way to get permanent residency in the U.S. While it is not traditionally seen as a route for STEM students or workers, it can be a strong solution if you want a more stable future in the U.S.

In this article, we will explain how the EB-5 program works and how it can support a career in STEM.

Why STEM Professionals Choose the U.S.

For students and professionals in STEM, the U.S. provides both short-term and long-term benefits. Here is an overview of why many people choose the U.S. for this career path:

• Top universities: The U.S. is home to many of the world’s top universities, especially in fields like engineering, computer science, and biomedical research. These schools offer access to expert professors, modern labs, and strong networks of alumni.
• Research and innovation: The U.S. leads the world in scientific research and development. It supports research through both public and private funding, and it offers many opportunities for students and professionals to take part in new discoveries and product development.
• Strong job market: Many U.S. companies are leaders in technology, healthcare, energy, and other STEM fields. These companies often seek skilled workers, and they offer jobs with good pay, benefits, and career growth.
• Diverse environment: The U.S. offers a diverse and inclusive environment. People from all over the world come to study and work in the U.S., making it easier to build communities and professional networks.

Most Common Paths to STEM Careers in the U.S.

There are several ways for international students and workers to build STEM careers in the U.S. The most common paths include:

Studying in the U.S. With an F-1 Visa

The F-1 visa is designed for international students pursuing full-time studies at U.S. institutions approved by the Student and Exchange Visitor Program (SEVP). To qualify, applicants must demonstrate sufficient financial resources to cover tuition and living expenses, along with clear intent to return to their home country after completing their education.

F-1 students must maintain academic progress and comply with strict employment regulations. During the first academic year, work is limited to on-campus positions. Afterward, eligible students may apply for off-campus employment through Curricular Practical Training (CPT) or Optional Practical Training (OPT).

OPT permits up to 12 months of work in a field directly related to the student’s major. Those with degrees in STEM fields may qualify for an additional 24-month OPT extension. However, the F-1 visa does not offer a direct path to permanent residency. Once OPT ends, students must either depart the U.S. or transition to another visa category, such as the H-1B.

Working in the U.S. With an H-1B Visa

The H-1B visa enables U.S. employers to hire foreign professionals for roles that require specialized knowledge and at least a bachelor’s degree. It’s widely used in high-demand sectors such as technology, engineering, and biotech. To apply, a U.S. company must sponsor the worker and submit a petition to U.S. Citizenship and Immigration Services (USCIS).

Eligible positions must require a relevant degree, and employers are obligated to pay a prevailing wage based on the job location and industry standards. The initial H-1B visa is valid for three years, with the option to extend it to a maximum of six years.

Each fiscal year, USCIS issues 85,000 new H-1B visas—65,000 for applicants with a bachelor’s degree and an additional 20,000 for those who hold a master’s degree or higher from a U.S. institution. Because the number of applications far exceeds the cap, USCIS uses a lottery system to randomly select applicants, leaving many qualified individuals without a visa.

Since the H-1B is employer-specific, changing jobs requires your new employer to file a new petition. If your employment ends, you typically have a 60-day grace period to find a new sponsor or leave the country.

How the EB-5 Visa Works

The EB-5 Immigrant Investor Program was created by the U.S. government in 1990. It allows foreign nationals to become permanent residents by investing in a U.S. business that creates jobs. The main goal of the program is to support the U.S. economy by encouraging investment and job growth.

To qualify for the EB-5 program, you must meet a few main requirements:

• Investment amount: You ordinarily must invest at least $1,050,000 in a new commercial enterprise (NCE). If the business is located in a targeted employment area (TEA), the minimum investment is $800,000.
• Job creation: Your investment must lead to the creation of at least 10 full-time jobs for U.S. workers.
• At-risk investment: The money you invest must remain at risk for the purpose of generating a return.
• Lawful source of funds: You must show that your investment funds come from a lawful source. This can include income, savings, property sales, or gifts.

Keep in mind that the EB-5 program allows you to include your spouse and unmarried children under 21 in your application. The dependents of an EB-5 Green Card holder can also live, study and work freely in the U.S.

Why the EB-5 Visa Is Better Than F-1 and H-1B

The F-1 visa comes with shortcomings like no direct path to permanent residency, limited work rights, and high pressure to find an employer to sponsor you after your OPT expires. Similarly, getting an H-1B visa comes with a lot of uncertainty as it largely depends on a lottery system. Even after securing your visa, your fate is tied to your employment status.

Here’s why the EB-5 visa is a stronger option than F-1 and H-1B.

EB-5 Advantages Over F-1

While F-1 students are allowed to work on campus only for a few hours per week, EB-5 Green Card holders are free to take up any off-campus job to obtain valuable work experience even while studying. This significantly impacts their prospects in the job market once they complete their course.

In fact, many employers prefer hiring candidates with Green Cards over those requiring visa sponsorship, as it simplifies the hiring process and reduces costs. With a Green Card, students can choose to work for any employer, freelance, launch start-ups, lead research initiatives, or engage in other unrelated activities to generate extra income.

EB-5 Advantages Over H-1B

The EB-5 visa offers a lifeline to H-1B workers, especially with possible job layoffs, and uncertainty in some industries and organizations, like tech start-ups. Unlike the H-1B, the EB-5 visa does not require a sponsor and gives holders the freedom to work for any employer or be self-employed.

This flexibility is especially valuable for STEM professionals who want to start a business, switch jobs, or explore different roles without risking their immigration status. EB-5 holders gain permanent resident status, which allows them to work in any U.S. state, launch start-ups, or move easily between jobs to grow their careers.

In contrast, H-1B holders must work in the specific role and field approved under their visa. They face strict limits on self-employment and freelance work, which can put them at risk of violating visa rules.

Benefits of the EB-5 Visa for STEM Students and Workers

The EB-5 program gives you a direct path to a Green Card without relying on employers, job offers, or visa lotteries. Below is a highlight of the key benefits of EB-5 for STEM students and professionals:

• Permanent residency: EB-5 leads directly to a Green Card. It allows individuals to live, work, and study in the U.S. without needing additional sponsorship. They also become eligible for almost all healthcare and social benefits available to U.S. citizens.
• Work and study freedom: EB-5 Green Card holders can work in any field or company. With easy access to the U.S. education system, EB-5 Green Card holders can enroll in prestigious U.S. institutions and save substantially on tuition. Moreover, they are not tied to a specific employer or location.
• No lottery: Unlike the H-1B, the EB-5 does not involve a random selection process. If you meet the investment and job creation rules, you can qualify.
• Fewer restrictions: EB-5 Green Card holders can start their own business, go back to school, or change careers without affecting their status. Since there is no restriction on international travel, they enjoy easy access to many countries. This allows them to expand their networks and leverage international opportunities.
• Family benefits: The investor’s spouse and unmarried children under 21 can also get Green Cards and enjoy its benefits through the same application.

How to Use EB-5 to Build Your STEM Career

The EB-5 process takes planning, resources, and a clear understanding of the steps involved. While it is a strong path to permanent residency, it requires careful preparation and well-informed choices. Here is a step-by-step look at how to build your STEM future with EB-5:

• Choose a qualified EB-5 project: To qualify for the lower investment amount, choose a project in a TEA. Make sure the project has a strong plan to create at least 10 full-time jobs for U.S. workers. Working with a trusted regional center can make it easier to meet program rules and reduce risk.
• Prove legal source of funds: You must provide full documentation, including bank statements, tax records, and legal agreements, to show the source of funds and the path of money from your account to the EB-5 project.
• File Form I-526E: The Form I-526E is the official EB-5 petition for regional center investors. It includes proof of investment, project information, job creation plans, and documents showing a lawful source of funds. Once USCIS approves the petition, you can apply for a Green Card.
• Apply for a conditional Green Card: If you are already in the U.S., you file Form I-485 to adjust your status. You may save time at this stage by filing this form at the same time as your Form I-526E, your employment authorization document, and your travel permit. More details on this process can be found below.

If you are outside the U.S., you go through consular processing to apply for an immigrant visa. Once approved, you receive a conditional Green Card valid for two years.

• File Form I-829 to remove conditions: Within 90 days before the two-year Green Card expires, you must file Form I-829. This form proves that your investment met the program’s requirements. Once USCIS approves the I-829, you receive a permanent Green Card.
• Apply for U.S. citizenship: After five years as a Green Card holder, which includes the initial two years as a conditional permanent resident, you can apply for U.S. citizenship.

Transitioning From F-1 or H-1B to EB-5

For eligible foreign nationals already in the United States on a nonimmigrant visa, such as H-1B or F-1, transitioning to EB-5 has never been easier. This is because the EB-5 Reform and Integrity Act of 2022 (RIA) introduced the EB-5 concurrent filing option mentioned above. With it, you can file your Form I-526E and the petition for adjustment of status (Form I-485) simultaneously.

Once both petitions are filed, your legal status shifts to “pending adjustment,” allowing you to stay in the United States even if your nonimmigrant visa is terminated. You can also apply for work and travel permits, which are generally approved within weeks.

This way, the concurrent filing provision allows you to live, work, study, and travel without restrictions. In other words, you enjoy most Green Card benefits before you actually receive it.

Secure Your Career in STEM With EB5AN

Temporary visas like F-1 and H-1B can be useful for building a career in STEM in the U.S., but they come with limitations. In contrast, the EB-5 program gives you more control over your future, which allows you to make long-term plans for your career, life, and family.

As a leading EB-5 firm with over a decade of experience, EB5AN has helped thousands of foreign nationals across over 70 countries become lawful permanent residents of the United States. If you are considering the EB-5 program to secure your future in STEM, our team of experts is here to help you explore your options and move forward with confidence. Feel free to book a one-on-one call with us today.