How does investor presence work while an EB-5 visa is being processed?

They need to have another type of visa, best is L-1 or H-1B. in some circumstances, a visitor or student can file in the US, provided they had no intent at time of initial entry, and then after several months, can get work and travel permits through concurrent filing.

The investor is not required to be inside the US, and there are very few restrictions on their travel while the I-526 or I-526E are pending. In one situation, the investor should exercise caution: investors who were born in a country without an EB-5 waiting list are allowed to simultaneously file an I-485 (Application to Adjust Status) at the same time as their I-526/E. In such circumstances, the I-485 requires the applicant to remain in the US, unless additional steps are taken (such as receiving an approval on an I-131 advance parole application). Because US immigration law is a complex field, it is recommended to consult with an experienced immigration attorney when planning for your travel along with your green card journey.

They do not have to be present while the I-526 is pending. If you have a valid nonimmigrant visa and have selected consular processing for your I-526, you should be able to continue to enter on or valid nonimmigrant visa. If you file for the I-485 simultaneously, then you can apply for a travel permit as an ancillary benefit. I do not know if you want or are eligible to do this.

An EB-5 petition in an of itself has no impact on one''s ability to enter/remain in the US. An adjustment of status is required for those filing within the US; otherwise, a nonimmigrant visa is needed.

No, the investor can be abroad - once the I-526 is approved, the investor and his/her immediate family can pursue consular processing to receive their immigrant visas at a U.S. Embassy abroad and enter the U.S. after approval.

No physical presence requirement to be in the US during the processing of an EB-5 case. To go in and out during processing, you would need to qualify for and obtain an appropriate nonimmigrant visa unless you concurrently filed AOS, in which case you can travel on some visa categories and/or with advance parole. There is strategy on how an AOS applicant should travel so be sure to seek competent counsel.