U.S. immigration shifts spark surge in EB-5 interest among visa holders - EB5Investors.com

U.S. immigration shifts spark surge in EB-5 interest among visa holders

EB5Investors.com Staff
EB-5 interest I-526 form

As U.S. immigration policy continues to shift, the launch of the new Gold Card website has sparked fresh momentum among visa holders seeking long-term security. Increasingly, many are turning to the EB-5 visa, not just as a path to permanent residency but as a strategic move to take control of their U.S. immigration future.

The EB-5 visa offers permanent residency in exchange for investments of $800,000 in job-creating U.S. businesses. Although limited to 10,000 visas per year, the EB-5 program has become an attractive option for investors seeking a smoother immigration journey.

Many immigration attorneys report an increase in demand for EB-5 visas, particularly from H-1B and F-1 visa holders, who have faced greater scrutiny during the Trump administration.

EB-5 attorneys say interest in the U.S. investor visa is surging

Attorneys are observing a significant increase in interest in the EB-5 visa.

“Possibly even more so as students recognize the challenges in getting jobs after graduation or even during summer internship opportunities,” said Rohit Turkhud from CSG Law. “The value of having a green card and the ability to say that one does not need sponsorship is quite immeasurable.”

Other factors are also stimulating the EB-5 visa applications, he said.

 “Some Regional Centers are offering loan programs which may allow investors to apply sooner than later,” Turkhud said. “The fear that India may backlog, and we may have a retrogression, and so be unable to file a concurrent AOS, may be a stimulus for the EB-5 visa applications.”

He also added that “applications filed on or before Sept. 30, 2026, will be grandfathered despite the present RIA being in effect until Sept. 20, 2027, may also be motivating folks to apply now.”

Peter Zhang from Origin Law P.C. has seen a rise in interest primarily from international students. He says concurrent petitions make up the majority of his filings.

“We’ve seen a noticeable uptick in interest in the EB-5 program, largely driven by uncertainty surrounding the administration’s recent stance on international students, prompting many to reassess their long-term plans,” he said.

Zhang has had to address questions and concerns of prospective applicants regarding the EB-5 program’s stability.

“In response, we’ve routinely had to clarify that the EB-5 Regional Center program is established by statute and cannot be unilaterally repealed or altered by the administration.”

Students visa

The EB-5 pathway for international students amid F-1 visa instability

There is a growing trend among F-1 international students already in the U.S. to do EB-5, said Tahmina Watson from Watson Immigration Law PLLC.

 “Traditionally, popular among high-net-worth investors overseas, EB-5 is now attracting growing interest from students and their families already in the U.S., and for good reason,” she said.

She explains there has been growing instability in the F-1 student Visa system since March, with thousands of international students facing SEVIS terminations and visa revocations, forcing many to “self-deport” and abruptly leave the U.S.

Higher education institutions also face heightened scrutiny that affects international student enrollment. There is also growing complaints that students experience denials and delays, causing uncertainty about their U.S. education. Recent changes include fewer visa appointments, higher denial rates, visa bans for certain countries and schools and increased social media vetting for applicants, attorneys said.

“As immigration attorneys like me await further guidance from the Department of State on these evolving policy shifts, particularly around social media screening and expanded background checks, many students are growing concerned about the long-term viability of relying solely on the F-1 visa or work-based options like OPT (Optional Practical Training) and H-1B,” Watson notes.

The EB-5 visa provides stability for many F-1 students facing uncertainty

“Unlike F-1, which is temporary and requires students to eventually leave or transition to another visa, EB-5 provides a direct route to conditional permanent residency,” Watson added. “Students pursuing EB-5 can apply for a green card while still in school, giving them work authorization, travel flexibility, and a level of stability not available through traditional student visa pathways.”

Since the full implementation of the 2022 EB-5 Reform and Integrity Act, concurrent filing is now possible. This allows applicants to file both their EB-5 petition and green card application simultaneously—often resulting in work and travel authorization within weeks or months, well before final green card approval,” she says.

An attractive feature of the EB-5 green card is that once it’s obtained, holders are no longer subject to student visa restrictions.

“They can work without OPT limitations, avoid the H-1B lottery entirely, and freely pursue internships, research positions, or entrepreneurial ventures that might otherwise be off-limits. Importantly, the green card also extends to spouses and children under 21, allowing entire families to benefit from permanent residency.”

Many parents view EB-5 as a potential immigration solution for their children to remain in the U.S. and as a strategic investment in their child’s education, career prospects, and long-term stability in the country.

“As the U.S. immigration landscape continues to shift, EB-5 is increasingly viewed as a viable alternative pathway for securing permanent status,” she said.

Ongoing changes in the U.S. visa landscape

President Trump’s Gold Card registration website is the latest development in the evolving U.S. immigration landscape. Media reports say 70,000 people had registered for information in its first week.

Starting June, a new visa and travel ban is in effect, affecting nationals from 19 countries, which impacts all immigrant and non-immigrant visas, including the H-1B and F-1 visas. Updates were also made to the medical examinations required for adjusting immigration status for U.S. visa holders. Additionally, officials implemented a new process to screen and vet social media accounts for all student visa applicants.

There have been announcements regarding the revision of visa criteria. This includes the potential revocation of visas for Chinese students with ties to the Chinese Communist Party or those studying in critical fields.

There is also growing concern that the outdated rules for the H-1B visa program are creating significant challenges for companies seeking global talent. The limited number of visas issued, despite high demand, and the random lottery selection can disadvantage highly qualified candidates.

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