Questions and Answers > EB-5 Investments

How can I go to school in the U.S. as an EB-5 investor without an F-1 visa?

My EB-5 priority date is September 2015. If I enter the U.S. with a B visa, and file an I-485 after 90 days or even longer, can I go to school without an F-1 visa?

Answers

• Ying Lu

  Immigration Attorney

  Answered on August 5, 2022

  Most likely if you have filed your I-485, you can go to school without an F-1. Better to check with the international student office of the school.

• Lynne Feldman

  Immigration Attorney

  Answered on August 3, 2022

  Yes, you should be able to. But many schools have their own rules about this and may require you to pay foreign student tuition.

• Ya Peng

  Immigration Attorney

  Answered on August 2, 2022

  Yes, when your I-485 is pending, you can go to school.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on August 1, 2022

  If you enter with intent to adjust, that is deemed visa fraud. Arguably you might be able to enter on an F-1 if you fully disclose, but it is tricky to enter on a B-2 with a plan to adjust.

• Charles Foster

  Immigration Attorney

  Answered on August 1, 2022

  You may not be admissible as a B bona fide visitor given the pending EB-5 petition, but if you were, and you did file an I-485 application to adjust status, you would not need an F-1 visa to attend school.