Questions and Answers > EB-5 Investments

At what stage can an EB-5 investor enter the U.S. without having to apply for another visa?

I live in India and currently have no type of U.S. visa. They say the I-526 processing time is currently about 2-3 years. So, if I invest $1,050,000 in the U.S. and then file my I-526, can I enter the U.S. only when my I-526 is approved? Or can I enter the U.S. while it is still in processing?

Answers

• Barbara Suri

  Immigration Attorney

  Answered on September 12, 2022

  You will need a visa to enter the U.S.

• Dennis Tristani

  Immigration Attorney

  Answered on September 7, 2022

  You can enter the U.S. on a temporary visa (such as a tourist, student or work visa) while the I-526 petition is pending. Filing the I-526 petition does not accord the investor with a visa status until the case is approved and one completes consular processing or adjustment of status.

• Lynne Feldman

  Immigration Attorney

  Answered on September 7, 2022

  You would need to wait until you become an immigrant to enter the U.S. unless you qualify for a nonimmigrant visa sooner.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on September 6, 2022

  The filing of the I-526 does not provide a nonimmigrant visa to enter the U.S. You may be able to obtain a nonimmigrant visitor visa to examine your investment, but the filing alone does not provide a right to a visa until the petition is approved and the green card issued.

• Mitch Wexler

  Immigration Attorney

  Answered on September 5, 2022

  After I-526 is approved and after immigrant visa issuance unless you are issued a nonimmigrant visa in the meantime.