Questions and Answers > EB-5 Requirements

Can a student visa holder apply for EB-5 once in the U.S.?

I plan on getting an F-1 visa and applying for the EB-5 right away once in the country. Do I have to make the investment at the time I apply, or can I apply first, then make the investment a bit later? I am African born. I would also like to know how I can bring my pregnant wife with me.

Answers

• Daniel A Zeft

  Immigration Attorney

  Answered on October 12, 2018

  You are asking several questions which will take some time to explain. You need a consultation appointment by telephone with a United States immigration attorney before you apply for the F-1 visa.

• Dale Schwartz

  Immigration Attorney

  Answered on October 11, 2018

  You wife should be able to get a visa at the same time you do. She will be F-2. Yes, you can start the EN-5 process as soon as you arrive (or even before you arrive). You will need a business plan done by an expert to show the timing of your investment (funds paid). Then you have two years from when they approve your case and give you a green card to put in the full amount of money. You really should have an experienced EB-5 immigration lawyer help you with this whole project.

• Marisa Casablanca

  Immigration Attorney

  Answered on October 9, 2018

  As an F-1, you may bring a spouse and/or children under 21 and unmarried under an F-2 visa. A student may apply for an EB-5 petition when they are in the U.S. My suggestion is to wait 90 days so there are no fraud issues in the future.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on October 8, 2018

  A student visa is a temporary visa whereas EB-5 is permanent. If you file the EB-5 first you may not be able to get a temporary student visa. Current rules are that filing for a green card within 60 to 90 days of applying for a green card could be an issue. Each case is evaluated on its own facts. The challenge for you is to try and file before Dec. 7, 2018 when the current program expires. It might be a lot more expensive after this date.

• Irina Rostova

  Immigration Attorney

  Answered on October 5, 2018

  You can file the EB-5 petition after you are in the U.S. on your F-1 visa. The investment has to be made prior to filing the petition. Your wife can obtain an F-2 visa to accompany you to the U.S. while you study here.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on October 5, 2018

  Yes, an F-1 student may apply/qualify for EB-5. The length of your F-1 stay depends upon your I-20 and your educational objective. Furthermore, you are required to maintain a full-time course schedule and remain in good academic standing in order to maintain your F-1 non-immigrant status. You must have made the investment, or be in the process of investing, at the time you apply for EB-5. Since you were born in an African country, it is likely that an immigrant visa number will become available to you immediately and that you will be eligible to file for adjustment of status, assuming your I-526 is approved and you remain in valid F-1 status at that time. Your wife may accompany you as an F-2 dependent, and of course receive her green card when you receive yours. You can expect the entire process to take about three years, so you should plan on being in school for at least that amount of time.

• Abhinav Lohia

  Immigration Attorney

  Answered on October 5, 2018

  If you get an F-1 visa your wife will be eligible for F-2. She can then travel with you. If you intend to file a regional center EB-5 case, then you need to invest first and then file an application for a conditional green card.

• Salvatore Picataggio

  Immigration Attorney

  Answered on October 5, 2018

  Congratulations, you just admitted fraudulent intent.

• Julia Roussinova

  Immigration Attorney

  Answered on October 5, 2018

  Your wife can join you in the U.S. as your dependent on an F-2 visa. Under current law, you should not file immediately after you enter the U.S. to avoid material misrepresentation issues, since the F-1 visa requires non-immigrant intent to study temporarily in the U.S. and not immigrate to the U.S. By filing an I-526 petition you show intent to immigrate. You must make an investment as of the time you file I-526 petition unless you plan to file a direct EB-5 case and your EB-5-compliant business plan credibly demonstrates how you are actively in the process of investing into a direct new commercial enterprise. Hire an experienced EB-5 immigration attorney to competently prepare your I-526 petition and avoid problems.

• Jinhee Wilde

  Immigration Attorney

  Answered on October 5, 2018

  I would caution you on coming into the country with a F-1 non-immigrant visa when you are intending to immediately apply for an immigrant petition, as you will be deceiving the consulate officer on you having no immigrant intent on the F-1 visa interview. You do have to make your investment before you file the I-526 petition.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on October 5, 2018

  A student on F-1, an academic student visa, can apply for EB-5. The investment through EB-5 may be either $1 million or $500,000, depending on a number of factors. Furthermore, the investment must be made at the time the EB-5 petition, Form I-526, is filed. It can't be delayed a little bit later. If you are entering as on F-1 academic student visa, you can arrange to have your wife admitted as an F-2 visa holder. On other hand, if you are filing an EB-5 petition, make sure your wife and child are included in the petition. Advisably, consult an EB-5 attorney about your plan for further assistance.

• Hoang Tu

  Immigration Attorney

  Answered on October 5, 2018

  Yes, you can apply for EB-5 later, after your F-1 as long you are in status. However, there is the adjudication wait. This you have to keep your status current.

• Lynne Feldman

  Immigration Attorney

  Answered on October 5, 2018

  Your wife may come on a F-2. There is a conflict between EB-5 filing and being a student, which is a non-immigrant status, so be sure to discuss the whole picture with an attorney.

• Sarah Xiao Qian Mu

  Immigration Attorney

  Answered on October 5, 2018

  You can apply for EB-5 when you are on a student visa. However, you will be viewed as having immigration intent. There are ramifications after you file an immigrant visa application. You need to speak to an attorney to go over all those details. You can include your wife in your investment visa application. Lastly, the investment must be made at the time of submitting the application. There are exceptions to this rule. For example, you may be able to present clear and convincing proof that the investment will for sure be made to the business after the application is submitted, but that is a case-by-case scenario and cannot answer yes or no without knowing the specifics.

• Charles Foster

  Immigration Attorney

  Answered on October 5, 2018

  Yes, if one is in non-immigrant F-1 student status in the United States, you may file an EB-5 investor petition on Form I-526 whether you are in the U.S. or otherwise. However, the fact that you have demonstrated an intent to immigrate may make it difficult for you to renew your visa if you have to apply at an American consulate abroad and even possibly complicate your entry into the U.S. because the immigration inspector at the port of entry will be aware that you have filed an EB-5 petition on Form I-526. Each F-1 student visa applicant and visa holder has the burden of proof under Section 214(b) of the Immigration and Nationality Act to establish that they do not intend to immigrate to the U.S. Thus, the filing of the EB-5 petition would be viewed as a negative factor. You may file the EB-5 investor petition prior to the time you have made the actual investment, but you should invest the full funds at the earliest possible date. If you are married, your wife would qualify for a dependent visa. For example, if you acquire an F-1 visa, she would be eligible to qualify for an F-2 dependent non-immigrant visa. If you qualify for permanent residency based upon your EB-5 investor petition, she too would be eligible to acquire permanent residency. If your wife is here at the time she gives birth, your child will be a U.S. citizen.

• BoBi Ahn

  Immigration Attorney

  Answered on October 5, 2018

  Yes, you can be in F-1 status when filing for EB-5 processing. In order for you to file for the EB-5 immigrant petition for alien investor, you need to invest the requisite minimum capital. Your pregnant wife may accompany you to the U.S. under F-2 dependent spouse status as well as be included in the EB-5 processing.