Whether or not a foreign national seeking asylum in the U.S. should apply for an EB-5 Visa will depend on a number of circumstances. An asylee may concurrently pursue an EB-5 investment, but if the investor does not have current nonimmigrant status when the I-526 Petition is approved, he/she will have to consular process in his/her home country. Experienced immigration counsel should be able to help an asylee determine the best course of action based on the specific facts of his/her asylum case and other relevant information.