The landscape for foreign nationals seeking to stay in the U.S. keeps shifting, as federal rule changes and court fights reshape the visa pathways international students and professionals have long relied on.
New restrictions affecting F-1, J-1, and H-1B status — along with other work authorizations — are reinforcing a broader trend: the EB-5 visa is increasingly viewed as a more stable route to permanent residency.
Shorter runway pushes EB-5 timelines earlier
F-1 students have historically extended their U.S. stay under “duration of status” (D/S), often by stacking degrees or using Day-1 Curricular Practical Training (CPT), which lets some F-1 holders begin work authorized under their program from their first day of classes.
That changes Sept. 15, 2026. The Department of Homeland Security has finalized a rule ending D/S for F-1 and J-1 holders and replacing it with a fixed four-year admission period.
For students weighing EB-5, the shift compresses the timeline. Many have historically waited until graduation to file an EB-5 petition. Under the new four-year cap, they’ll need to plan much earlier—often in their first or second year of study—to leave time to pursue that option before their status runs out.
Concurrent filing faces new pressure
The EB-5 Reform and Integrity Act of 2022 (RIA) allows nonimmigrant visa holders already in the U.S. to file Form I-526E and an adjustment of status petition (Form I-485) — along with an Employment Authorization Document application — concurrently, rather than waiting years for I-526E approval first. Eligibility also depends on visa availability under the investor’s EB-5 category per the Visa Bulletin.
Maintaining valid status is central to that eligibility. J-1 holders currently have a 30-day grace period after their program ends; F-1 holders have 60 days, though that shortens to 30 days once the new rule takes effect on Sept. 15, 2026. Falling out of status or overstaying the grace period can strip an applicant of the ability to file concurrently from within the U.S.
OPT’s future work authorization draws scrutiny
DHS is reportedly weighing a $100,000 fee tied to Optional Practical Training (OPT), the program that lets international students on F-1 visas work in their field of study after graduation. The proposal, first reported by the Wall Street Journal, is one piece of a larger OPT regulatory overhaul that DHS is expected to introduce this fall. A DHS spokesperson has said no policy is final until formally announced, but has not denied the proposal is under discussion.
OPT typically runs 12 months, with an optional 24-month STEM Extension available to graduates in eligible science, technology, engineering, or math fields — bringing the maximum authorization to three years. Most students use OPT immediately after graduation, though it can also be used during summer breaks. Many go on to pursue H-1B, O-1, or L-1 status; others return to school to preserve legal status.
If the proposed fee takes effect, it could reshape how prospective EB-5 investors plan. OPT has served as a multiyear runway, allowing students to test the U.S. job market before committing more than $800,000 to an EB-5 investment. A $100,000 barrier to that runway could push some families to redirect those funds toward the EB-5 minimum investment instead.
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