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

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

F-1 Visa and Its Limitations

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

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

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

Options for F-1 Students to Obtain a Green Card

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Benefits of Pursuing an EB-5 Visa While Still Studying

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

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

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

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

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

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

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