The F-1 student visa is a nonimmigrant visa, and so a pending I-526 Petition will likely result in an F-1 Visa application being denied since pursuing the EB-5 Program demonstrates immigrant intent. If a foreign student is already in the U.S. on an expired F-1 Visa, even if his/her status is current, leaving the country with a pending EB-5 application might make re-entry on a new F-1 Visa difficult or impossible.