Questions & Answers

How can my son apply for EB-5 while studying in the U.S.?

My son is currently attending graduate school in the U.S. on an F-1 student visa. His bachelor’s degree was also attained from a U.S. college. Can he apply for EB-5 while studying in the U.S.? My wife and I will gift him the investment capital.

Answers

• Ed Beshara

  Immigration Attorney

  Answered on November 11, 2019

  While studying in the U.S. under an F-1 status, your son can file an EB-5 petition.

• Salvatore Picataggio

  Immigration Attorney

  Answered on September 30, 2019

  I'd want to do a full consultation, but F to EB-5 is very common. He would need to plan for maintaining F status for several years while waiting for the I-526 petition to be approved, but if he can do that, he can apply for adjustment of status (pending availability of immigrant visas).

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on September 30, 2019

  Yes, he can apply, but needs to hurry because the minimum investment increases to $900,000 on Nov. 21, 2019.

• BoBi Ahn

  Immigration Attorney

  Answered on September 27, 2019

  It is possible for your son to pursue EB-5 immigrant investor processing while maintaining and F-1 status and studying in the U.S.

• Stephen Berman

  Immigration Attorney

  Answered on September 26, 2019

  Yes.

• Charles Foster

  Immigration Attorney

  Answered on September 26, 2019

  Yes, he can file an investor petition while in the U.S. and should do so prior to Nov. 21 as soon as possible.

• Vaughan de Kirby

  Immigration Attorney

  Answered on September 26, 2019

  Absolutely your son can apply for EB-5 while on an F-1. However, time is very limited. On Nov. 21 the investment amount goes up to $900,000. I recommend you take action immediately.

• Lynne Feldman

  Immigration Attorney

  Answered on September 26, 2019

  Yes, that is a very common scenario.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on September 26, 2019

  Yes, he can file. Also, you should consider filing as soon as possible, because the required investment amounts will substantially go up beginning Nov. 21.

• Marko Issever

  EB-5 Broker Dealer

  Answered on September 26, 2019

  Yes. This is the most common EB-5 application type we process. There is no issue in applying for an immigrant intent visa, such as EB-5, while being in the U.S. on a non-immigrant intent visa, such as the F-1 student visa. The reverse could be a little problematic, though not impossible. I encourage you to read the article I wrote on this topic, for the EB5 Investors Magazine that was published this summer titled, "Why international students in U.S. colleges should consider EB-5".

• Robin J Gray

  Immigration Attorney

  Answered on September 26, 2019

  Yes, he is able to to apply for EB-5 while he is on an F-1 student visa. However, depending on his country of origin, his visa may expire prior to the approval of the EB-5 visa. You may want to consult with an EB-5 attorney to discuss all of the requirements for an EB-5 application.

• Hassan Elkhalil

  Immigration Attorney

  Answered on September 26, 2019

  Yes, he can.