A Olusanjo OmoniyiImmigration Attorney
You can file your EB-5 petition while on a non-immigrant work visa. The only restriction while in the United States is that the nonimmigrant work visa you currently possess must not expire to qualify for continuous residency in the U.S. If it expires, you must leave and avoid not being out of status, otherwise, the pending EB-5 petition will be negatively affected. Thanks.