If you're an international student studying in the United States on a F-1 visa, you might be wondering about your options for staying in the country long-term. While the path to permanent residency might seem complex, the EB-5 immigrant investor program offers an interesting alternative that many students don’t know about. Let's explore how these visa categories differ and what you need to know about making the transition.
The answer is Yes - and you have more flexibility than you might think. As a F-1 visa holder, you can apply for an EB-5 visa at any point during your stay in the United States. Whether you're just starting your first year of school, in the middle of your studies, or even during your Optional Practical Training (OPT) period, the option is available to you.
However, there are some important requirements to keep in mind. You'll need access to the minimum investment amount of $800,000, and if you're presently in the U.S., you must qualify as an accredited investor with at least $1 million in investable assets. Many students receive the funds for their investment through a gift or loans from family members, which is perfectly acceptable, as long as you can demonstrate that the money comes from legitimate sources.
When it comes to processing times, flexibility is key. The timeline for obtaining your EB-5 visa after applying from F-1 status can vary significantly, primarily depending on how quickly the U.S. Citizenship and Immigration Service (USCIS) processes applications. Currently, processing times typically range from 4 to 18 months. While there aren't set deadlines or guaranteed timeframes, there's good news - concurrent adjust filing options may be available, which can help streamline the process and provide you with work and travel authorization.
If you are considering this path, it's smart to apply early, ideally while concurrent filing is available for your country of origin. This gives you the best chance of completing the process before your F-1 visa or OPT expires.
One of the most attractive aspects of the EB-5 visa is the independence it offers. Unlike your F-1 visa, which ties you to a specific school and requires maintaining student status, or an H1-B visa that ties you to an employer, the EB-5 visa gives you complete freedom. You won't need an employer sponsor or school sponsorship, and there are no restrictions on where or how you work. Want to start your own business? You can do that. Interested in changing jobs or moving to a different state? That's completely fine too. You can also apply to internships during the school year and participate in the recruitment process so that upon graduation you do not have the stress of the OPT process.
The advantages of choosing the EB-5 path go beyond just employment freedom. You're not dealing with any lottery systems or random selection processes like some other visa categories. Instead, you're on a direct path to permanent residency without the hassle of ongoing renewals. If concurrent filing is available, you might even be able to file for adjustment of status while your EB-5 petition is processing.
For students pursuing higher education in the United States, the EB-5 visa can offer significant tuition advantages. As lawful permanent residents, EB-5 visa holders qualify for in-state tuition rates at public universities after establishing residency in their chosen state, typically after living there for12 months. This can result in substantial savings compared to the higher rates charged to international students or out-of-state residents.
In addition, EB-5 visa holders, as permanent residents, have significantly better access to financial aid opportunities compared to international students. They can apply for federal student loans through FAFSA (Free Application for Federal Student Aid) and qualify for government-backed education loans with more favorable interest rates and repayment terms than private international student loans. Additionally, permanent residents are eligible for many scholarships and grants that are restricted to U.S. citizens and permanent residents, opening a much broader range of funding opportunities that are unavailable to international students. This includes merit-based scholarships from universities, need-based institutional aid, and various state and federal grant programs.
Your family benefits too. With an EB-5 visa your spouse and unmarried children under 21 are eligible for green cards without any additional investment required. This means access to American educational opportunities and the ability for your spouse to work freely in the U.S.
It's also worth noting that the $800,000 requirement isn't just a fee, it's an investment that you may potentially recover after the minimum investment period. While you're working toward your green card, your investment is contributing to U.S. economic growth and job creation.
Timing is crucial when planning your transition. Keep an eye on concurrent filing availability for your country and plan around your F-1 visa and OPT expiration dates. You'll need to think about securing the minimum investment amount, meeting accredited investor requirements if applicable, and gathering all necessary documentation.
Speaking of documentation, you'll need to prepare quite a bit of paperwork. This includes proof of where your investment funds came from, investment documentation, verification of your current F-1 status, academic records, and financial statements. While it might seem overwhelming, proper organization and preparation can make the process much smoother. It is important to work with an experienced immigration attorney that has vast experience representing investors for the EB-5 Visa as this will ensure that your petition and documentation is in compliance with the program's requirements.
The EB-5 program offers a unique opportunity for F-1 students to secure permanent residency through investment. Yes, the initial financial requirement is substantial, but the benefits of permanent residency, career freedom, and family inclusion make it worth considering if you have the means to invest.
Success in this transition comes down to careful planning, thorough preparation, and timely application. Given the complexity of immigration law and investment requirements, it's wise to work with qualified immigration attorneys and investment advisors who can guide you through the process and ensure you meet all program requirements. They can help you understand the nuances of your specific situation and maximize your chances of a successful transition from student to permanent resident.
Peachtree Group has more than 40 years’ experience in EB-5 investing. Have questions about EB-5, visit our website or fill out our contact form.
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Navigating the immigration process can be overwhelming, especially for international students and professionals looking to secure their future in the United States. Lance Lee, the Director of Asia-Pacific EB-5 for Peachtree Group, shares his personal journey of coming to the U.S. as an international student, facing the challenges of obtaining a green card, and ultimately using the EB-5 program to secure his future. This is his story of perseverance, career transformation, and the profound impact that obtaining U.S. citizenship has had on his life and family.
Lance Lee's EB-5 Journey: From Student to U.S. Citizen
Lance Lee’s immigration journey began in 2008 when he arrived in the U.S. as an international student, facing the challenges of securing a job during a tough economic time. With his work visa options limited, Lance’s parents urged him to consider how long it might take to obtain a green card, and the answer wasn’t promising. Many of his friends faced decade-long waits for permanent residency. It was his mother’s practical advice “Time is money” that led him to explore alternatives. In 2011, Lance invested in the EB-5 Immigrant Investor Program, and just eight and a half months later, he received his green card. By 2015, his investment was returned, and he had successfully built his American family, becoming a U.S. citizen with two children born in the U.S.
Lance’s decision to apply for an EB-5 visa instead of relying on traditional student and H1-B work visas was fueled by the realities of the long wait for green cards, especially for applicants from China and India. After graduating in 2010, Lance was left with the daunting prospect of being tied to one employer for years under the H1-B system while waiting for a green card. The EB-5 program provided a faster and more secure path to permanent residency, allowing Lance the freedom to pursue a career that matched his passions, without the restrictions of a work visa.
One of the key reasons Lance turned to EB-5 was the limitations of H1-B visas, which often left workers vulnerable to sudden job loss. He shared stories of friends who, while traveling abroad, were caught off guard by emails informing them of their layoff, leaving them with just 60 days to find a new job or face losing their visa status. With EB-5, Lance was able to bypass these concerns, enabling him to make career decisions with confidence and travel freely without the constant anxiety that comes with the limitations of temporary work visas.
Lance’s journey also taught him valuable lessons about the EB-5 process, and he offers key tips for prospective investors. He emphasizes the importance of partnering with a reputable immigration attorney and recommends visiting the regional center before investing, to establish trust and gain a better understanding of the project. He breaks the EB-5 process into three stages: obtaining a temporary green card, securing the permanent green card, and finally receiving the investment back. For each stage, Lance stresses the importance of being patient and informed, ensuring that the investment meets job creation requirements and understanding how to eventually retrieve the invested funds.
Looking back, Lance reflects on the significant impact the EB-5 program has had on his life and his family’s future. Living in Kuala Lumpur, Lance and his family enjoy the flexibility of being U.S. citizens while gaining valuable cultural exposure in Asia. His children have had the opportunity to travel and learn from different cultures—experiences that wouldn’t have been possible if he had been stuck in a decade-long wait for a green card. Lance’s journey highlights the freedom that comes with making timely decisions and choosing the right path for both personal and professional growth. “Time is money,” he concludes, echoing his mother’s wisdom, as his decision to pursue the EB-5 program allowed him to shape the life he and his family now enjoy.
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For current and prospective U.S. immigrants, the EB-5 Reform and Integrity Act of 2022 (RIA) changed the game. This legislation has transformed the way investors can navigate the process of potentially obtaining a U.S. green card, primarily through EB-5 concurrent adjustment of status filing. Concurrent filing means investors now have the ability to file their I-526E (EB-5 Immigrant Petition) and I-485 (Application to Adjust Status) forms at the same time. This makes the EB-5 program more accessible than ever for those who are already in the U.S. In this article, we’ll explain the meaning of concurrent filing, how the process works, and the potential benefits investors can enjoy.
So, what does EB-5 concurrent filing mean? And how might it impact you as an investor? The short answer is that prior to the legislation that was passed in March of 2022, EB-5 investors had to wait for their Form I-526 (pre-RIA) to be approved before filing Form I-485 to adjust their status to that of a lawful permanent resident. Often, this resulted in lengthy wait times, especially for individuals already residing in the United States under valid non immigrant visas like H-1B, E2 or F-1. Now, the ability to concurrently file I-526E (postRIA) and I-485 forms has radically changed this process.
Through concurrent filing, prospective investors can potentially bypass this waiting period and potentially obtain their conditional green card faster. To qualify for concurrent filing, investors must meet a couple of key requirements:
This approach can save time and also allow investors to apply for Employment Authorization Documents (EAD) and Advance Parole (travel authorization) while their applications are pending. As a result, investors can continue working, studying, or managing businesses in the U.S. without disruptions, making concurrent filing a pivotal advancement for the EB-5 program. So, how does the process work?
EB-5 concurrent filing allows investors a different approach to their immigration journey. Understanding the steps is crucial to ensuring an efficient process where requirements are met.
The process for concurrent filing begins with the submission of an I-526E form. This form demonstrates the investor’s commitment to a qualifying EB-5 project and compliance with program regulations. Key documents include proof of the investment amount, evidence of lawful source of funds, and details about the job creation potential of the project.
You’ll also want to keep in mind the fees that come with filing an I-526E form. In 2025 the filing fee is about $12,160.
While submitting your I-526E, you’ll want to concurrently file your I-485 form, too. Concurrent filing means you can submit your application to adjust your status at the same time as your I-526E form. Required documentation includes proof of lawful entry, evidence of valid nonimmigrant status, and supporting materials for eligibility, such as medical examination results. One potential supporting form you may want to consider is an I-693, Report of Immigration Medical Examination and Vaccination Record.
In 2025, the I-485 form has a filing fee of $1,440 and a biometrics fee of $85.
When you concurrently file your I-485 and I-526E forms, you may at the same time file forms for permission to work and permission to travel—called an Employment Authorization Document (EAD) or advance parole. These forms, if approved, enable the investor to work and travel with unlimited entry in and out of the U.S. while their green card application is pending, essentially granting the same benefits as a green card. Investors typically don’t have to wait too long for this, as approval tends to be granted within three months of filing.
By allowing investors to simultaneously submit key immigration forms, concurrent filing has meant a lot to EB-5investors. From work and travel authorization to a streamlined process, concurrent filing presents several benefits:
At Peachtree Group, our team has collectively spent decades helping investors like you obtain their green cards through EB-5 investing. Connect with our team to learn more about your options for EB- 5 investing, concurrent filing and access to immigration attorneys that have experience representing investors who petition concurrent filing.
Concurrent filing allows prospective EB-5 investors to simultaneously file their I-526E and I-485 forms. This may limit wait times and allows investors to remain working in the U.S. while awaiting their status.
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If you've recently submitted your EB-5 petition and received a Request for Evidence (RFE), you're not alone. In fact, according to immigration experts, it would be unusual for a petition to be approved without receiving a single RFE. Let's break down what this means for your EB-5 journey and how to handle it effectively.
Put simply, an RFE is just a question. When USCIS reviews your petition, they may need additional information or clarification about certain aspects of your submission. This request for initial evidence, or RFE, is their way of asking those questions and gathering the information they need to decide on your case.
RFEs are issued for various types of immigration petitions, including:
· Regional center designation applications
· Project petitions (Form I-956F)
· Individual investor petitions (Form I-526-E)
Receiving an RFE can actually be positive news for two key reasons:
· It means USCIS has actively reviewed your petition
· The process is moving forward
While the substance of the RFE will ultimately determine whether it presents any serious concerns, the mere fact that you've received one indicates your case is being processed. This forward movement is generally good news for petitioners.
RFEs can vary widely in their substance and complexity. Some common scenarios include:
· Simple documentation requests where USCIS may have trouble locating specific evidence within your submitted materials
· Questions about connecting different parts of your petition and exhibits
· Requests for clarification about your background (for individual investor petitions)
· Inquiries about project documentation (for regional center petitions)
When you receive an RFE, you have exactly 87 calendar days from the date of issuance to submit your response. This is a strict deadline, and it's crucial to ensure your response is received by USCIS before the 87th day.
There is no prescribed timeline for USCIS to review and adjudicate your RFE response. Processing times can vary significantly. Some petitions are approved within a week of submitting the RFE response, while others may take considerably longer, especially for complex cases.
The timeline often depends on the nature of the questions asked. For instance, if the RFE simply requests proof of a biometrics appointment, there view might be quick. However, if it involves complex questions about the source of funds or foreign earnings, the review process may take longer.
Unlike initial petition filings, USCIS does not issue a receipt notice for RFE responses. To confirm receipt:
· Keep proof of delivery from your shipping service (FedEx, UPS, or USPS)
· Track your package using the courier's tracking system
· Maintain copies of all submitted documentation
After submitting your RFE response, several outcomes are possible:
· Approval of your petition
· 2 Another RFE if new questions arise
· A Notice of Intent to Deny (NOID) if USCIS is unsatisfied withyour response
If you receive a NOID, you'll have a shorter timeframe to respond and provide evidence that addresses USCIS's concerns. Failure to respond by the deadline will result in petition denial.
The more thorough your initial petition, the better chance of avoiding or minimizing RFEs.
Make it easy for USCIS to locate and review the requested information.
Calendar the 87-day deadline immediately and plan to submit well before it.
Maintain detailed records of when and how you submitted your response.
While receiving a RFE might feel daunting, remember that it's a normal part of the EB-5 process. The key is to respond thoroughly and promptly while understanding that this step means your petition is actively being reviewed. Working with experienced immigration professionals can help ensure you provide USCIS with exactly what they need to move your case forward successfully.
Given the complexity of immigration law and investment requirements, it's wise to work with qualified immigration attorneys and investment advisors who can guide you through the process and ensure you meet all program requirements. They can help you understand the nuances of your specific situation and maximize your chances of success.
The EB-5 team at Peachtree Group has more than 40 years of industry experience in EB-5 . Have questions about EB-5, visit our website or contact us for more information.
