Can I travel on a tourist visa while my EB-5 is pending?

As a general rule, yes: having a pending EB-5 petition does not prevent the holder of a tourist visa from traveling and leaving the United States. The key concern is not the departure itself, but the consistency between the two visas.

The tourist visa (B-1/B-2) is non-immigrant: it assumes a temporary stay and the intent to return to your home country. The EB-5, by contrast, signals a long-term immigrant intent. This contrast in intentions can draw scrutiny when you re-enter the U.S.

At the port of entry, officers from Customs and Border Protection (CBP) may ask about your ties to your home country and about the pending EB-5 process. They assess whether the tourist trip is genuinely temporary and not a way to circumvent the immigration process.

• Respect the terms of your tourist visa and keep the trip temporary.
• Carry documentation showing ties to your home country and your intent to return.
• Be prepared to explain, naturally, the existence of the EB-5 petition.

Each case has its own circumstances. For travel decisions while an EB-5 is pending, seek specialized guidance and review official information before departing, to avoid any risk to your immigration status.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.