If I am out of status, can I still apply for EB-5?

Generally, yes, but with important caveats. EB-5 is a green card pathway through investment, and being out of status does not, on its own, close the door to pursuing it. What changes is the level of complexity of the path ahead.

The difficulty tends to arise at the residency stage. Being out of status may affect adjustment of status within the United States and, in some scenarios, may require the investor to complete the process through consular processing abroad. These are routes with different implications.

It is worth emphasizing that EB-5 does not automatically erase a period out of status. Each case is assessed individually, taking the full immigration history into account, and the details of that history can weigh significantly on the outcome.

That is precisely why this is a situation where expert guidance makes a real difference: a professional can map out the best strategy before filing. It is also advisable to verify the current rules with USCIS.

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.