If an EB-5 investor has current nonimmigrant status, he/she should maintain that status since the process of adjusting to conditional permanent resident status is easier than consular processing . If nonimmigrant status is abandoned, it will be necessary for the foreign national to return to his/her country of origin in order to avoid accruing unlawful presence and to file for the EB-5 Visa at his/her embassy or consulate.