What if I concurrently file and then my EB-5 visa is rejected? - EB5Investors.com

What if I concurrently file and then my EB-5 visa is rejected?

If I file concurrently while still studying for my master’s, can I still complete my degree even if my EB-5 visa application is rejected? Given that AOS and EAD sometimes come before the I-526 approval or rejection?

Answers

Jason Jia

Jason Jia

EB-5 Immigration attorneys
Answered on

You can generally continue your master's degree even if your EB-5 petition is denied, provided you have independently maintained valid F-1 status or have another lawful basis to remain in the U.S. If your I-485 is approved, you can continue your studies as a conditional permanent resident. Under concurrent filing, you may receive an Employment Authorization Document (EAD) before your I-526/I-526E petition is approved. However, receiving an EAD does not grant immigration status or permanent residency.
If your EB-5 petition is denied, the associated I-485 will generally also be denied.
If you wish to maintain your F-1 status while your EB-5 application is pending, you must continue complying with all F-1 requirements. Receiving an adjustment-based EAD does not automatically terminate your F-1 status, but using it for employment outside the scope of F-1 authorization may result in a failure to maintain that status. International travel also requires careful consideration. Departing the U.S. without Advance Parole generally results in abandonment of your pending I-485, while returning with Advance Parole means you are admitted as a parolee rather than in F-1 status.

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