How can I stay in the U.S. on a tourist visa until my EB-5 application is approved?

If you are eligible for concurrent filing, a good faith EB-5 application filed together with an adjustment of status allows you to stay in the US and work after you get your work card, and even travel after the advance parole application is approved.

As the visitor visa (B1/B2) is only valid for 6 months, it is very hard to stay until your EB-5 is approved. However, since RIA legislation is passed, if you file the EB-5 petition with concurrent filing of adjustment of status (I-485), you may stay past the B1/B2 visa expiration on the Pending adjustment status. This does not work for people who were born in China or India and filing in Unreserved category for whose priority date is not current (open) for filing concurrently.

You can stay once your petition is filed.

If you are not in a category and from a country with a current Priority Date allowing concurrent adjustment filing, you cannot let yourself get out of status. Best to leave or change to something longer-lasting than a B-2.

If you are in the US in lawful status and have a pending I-526 petition, you can possibly file for adjustment of status. This may allow you to remain in the US during the entire pendency of the I-526 process. You are also eligible for a work and travel permit. There are also situations where you can still file for adjustment of status even if you have been out of status or are currently out of status. I recommend speaking to an immigration attorney soon to confirm your eligibility.

Visitors usually can only stay for up to 6 months or less in the U.S. unless you have a legitimate reason to extend the stay. Even if the extension is granted, the total period of stay will just be up to 1 year. The current I-526 processing time exceeds 1 year. Therefore, it is nearly impossible to stay in the U.S. legally until you get your I-526 approval. Do not overstay your visitor visa. If you want to wait for your I-526 decision within the U.S., the better visa choice might be another non-immigrant status, such as F-1, H-1B, L or E status.

You can try. Normally you can get one or two extensions of status without too much trouble.

Once you file an I-485 application, your lawful status will be "pending adjustment of status," which will allow you to stay in the US.

The new EB-5 rules allow Adjustment of Status to be filed for EB-5s, if the EB-5 was filed after the new rules took effect in 2022, and if the country of birth of the petitioner has no EB-5 waiting list. Separately, a previous presidential rule suggests that complications could arise if adjustment of status is filed within 90 days of a B-1/B-2 visa entry into the US. If all the above conditions are met to the satisfaction of USCIS, then a properly filed Adjustment of Status will allow the applicant to remain physically in the US without accruing any unlawful presence, even if your underlying B-1/B-2 status expires in the meantime. You should consult with a knowledgeable immigration law attorney for advice specific to your circumstances.