Do I have to be in valid F-1 status to apply for EB-5?

The EB-5 visa is an investment category aimed at foreigners who wish to obtain permanent residence in the United States through a significant investment in projects that generate jobs. Many questions arise about how this process relates to other types of visas, such as the F-1, which is intended for students.

It is not necessary to be in F-1 status or any other nonimmigrant status to initiate or maintain an EB-5 petition. The EB-5 program is independent of the F-1 visa and does not impose the obligation to be in a nonimmigrant status.

Therefore, if you are currently studying in the United States under F-1 status, you may invest in the EB-5 without depending on the validity of your student status. However, it is important to remember that when making the investment, you must follow all applicable immigration laws and regulations, and the investment must meet the requirements established by the EB-5 program.

It is worth noting that status changes within the United States or adjustment of status procedures may have their own regulations and steps. Each case is unique, with different circumstances that can affect the process. For this reason, it is essential to seek guidance from reliable sources and qualified professionals who work in the immigration field.

This way, you avoid risks, scams, or unfounded promises that often circulate in marketing campaigns. Remember that staying compliant with United States immigration law is fundamental regardless of the program you choose.

Always verify updated information with the competent authorities or through specialized consulting to ensure a safe process without setbacks.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.