Can You File EB-5 While on an F-1, H-1B, or B1/B2 Visa? Your Options Explained

Admin
Jul 3
2 min read

Navigating U.S. immigration pathways can be complex, especially if you're already in the country on a temporary visa such as F-1 (student), H-1B (work), or B1/B2 (visitor). Many individuals on these visas often ask: Can I file for an EB-5 green card while maintaining my current status? The answer is yes—but with important nuances.

Filing EB-5 While on an F-1 Visa (Student Visa)

Students studying in the U.S. often dream of staying long-term. The EB-5 visa provides a unique opportunity to invest and transition from temporary to permanent residency. However, since F-1 is a non-immigrant visa that does not allow dual intent, timing and legal support are crucial. Filing the I-526E petition may signal immigrant intent, which could jeopardize future F-1 renewals or reentry. Thus, many F-1 holders wait until OPT or STEM OPT to file EB-5, or proceed with careful legal planning.

Filing EB-5 While on an H-1B Visa (Work Visa)

The H-1B visa does allow dual intent, meaning you're legally permitted to pursue a green card while working. This makes H-1B holders ideal candidates for the EB-5 program. You can file the I-526E, maintain your job, and even apply for Adjustment of Status (Form I-485) if your EB-5 priority date is current. This dual-track provides stability and flexibility, especially with concurrent filing options now available.

Filing EB-5 While on a B1/B2 Visa (Visitor Visa)

This scenario requires the most caution. The B1/B2 visa is strictly for short-term business or tourism and prohibits immigrant intent. Filing EB-5 while inside the U.S. on a B1/B2 visa may lead to complications unless you first change your visa status or leave the country to process your application. Misuse of a visitor visa for immigration purposes could result in visa denial or bans.

Final Thoughts

Regardless of your current visa status, filing an EB-5 petition is possible—but must be done strategically to avoid jeopardizing your lawful status. At Makaan Regional Center, we work closely with experienced immigration attorneys to guide each investor through the optimal route, tailored to your situation.