Questions and Answers > EB-5 Investments

How can I apply for a student visa and an EB-5 visa at the same time?

I am currently living in Vietnam. I am a Vietnamese citizen. 1. In Vietnam, can I apply for the EB-5 program and a program to study in US (the one that gives me a student visa) at the same time? 2. What is the minimum amount of investment for the EB-5 program at the moment? How long will it last? If the amount will be raised up in the upcoming period after I have applied the program (in case I have not gotten the two year conditional permanent residency), do I have to pay the additional amount?

Answers

• Salvatore Picataggio

  Immigration Attorney

  Answered on August 27, 2021

  The I-526, by itself, may not get in the way of an F-1 application, but it certainly can. Handle the F-1 first before making a decision on any immigrant visa options.

• Dale Schwartz

  Immigration Attorney

  Answered on August 23, 2021

  If you are going to apply for an EB-5, it is best for you to apply for the student visa first. Right now, the minimum investment for EB-5 is $500,000. But you only have a few more months before it will likely go up to $900,000. I don''t think you will have enough time to do the $500,000 investment (unless you act very quickly) before you can get the student visa. So maybe I would advise you to go ahead with the EB-5 now at $500,000 and try for the student visa later.

• Lynne Feldman

  Immigration Attorney

  Answered on August 23, 2021

  I would apply for the student visa first as that requires nonimmigrant intent and the EB-5 shows immigrant intent. Right now, the only EB-5 option is to invest in a private project and the amount depends on where that is located ($500,000 vs. $1 million). The rates could be increased any time and it is possible but not so likely that it would affect prior investments.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on August 18, 2021

  At the moment, the minimum amount is $500,000 but only the direct program is available, although we expect Congress to reauthorize the regional center program in about 1-2 months. I think USCIS and/or Congress will seek to increase the minimum investment amount but we are not sure when that will occur, so we are advising clients to start their source of funds report so they can file just as soon as the regional center program is reauthorized in the next 1-2 months. In order to obtain a student visa, you must have a present intent to return home. The filing of the EB-5 is not an automatic bar but if you can show the consul your present intent is to return home, then you can get a student visa generally if you are a good student seeking to purse a legitimate course of study.

• Stephen Berman

  Immigration Attorney

  Answered on August 17, 2021

  No, you will not get an F-1 visa if you have a pending EB-5 application. The minimum amount is $500,000. It ends every few years automatically until and unless it gets reauthorized.

• Ying Lu

  Immigration Attorney

  Answered on August 17, 2021

  I would suggest you apply for the F-1 visa first because F-1 visa cannot have immigration intent. Once you are in the U.S., apply for the EB-5 visa. Currently, the regional center EB-5 has not been reauthorized. However, the direct EB-5 project is still a viable choice. The investment amount is $1 million or $500,000 for Targeted Employment Area (TEA). No one knows when this amount will change. The amount of investment is decided at the time of filing. If it changes later, it won’t impact the petitions filed before the change.