Upgrading the F-1 Student Visa to an EB-5 Green Card

The United States is known for its world-class institutions, cutting-edge research facilities, and multicultural environment. That’s why it’s the top location for students from around the globe to excel in their respective fields.

For many international students pursuing higher education in the United States, the journey often extends beyond academic aspirations. Many of these students seek to establish permanent roots in the U.S. to fulfill their long-term personal and professional goals.

Recently, there has been a noticeable surge in the number of international students seeking a U.S. Green Card, hoping to secure a stable future in the United States. However, the immigration process is often complicated and can take several years to complete, making it difficult for students to continue their stay once the study program ends.

One of the best options for international students who want to live and work in the United States after completing their education is the EB-5 program, which offers a fast and direct route to permanent residency through investment. Compared to other immigration routes, the EB-5 visa provides access to a high-quality life, unlimited career prospects, and a wide range of benefits and opportunities in a short time.

In this article, we will explore the multiple advantages of the EB-5 visa for international students and understand how they can start enjoying Green Card benefits within a few months of submitting their EB-5 petition.

Limitations of the F-1 Visa

Most foreign students in the United States are on an F-1 visa, which allows them to enroll as full-time students at accredited academic institutions authorized by the U.S. government.

The F-1 visa, while offering international students the opportunity to study in the United States, comes with inherent limitations. It is a temporary nonimmigrant visa, valid only for the duration of the student’s academic program. It does not provide a straightforward path to permanent residency or long-term employment in the United States. Upon completing their studies, F-1 visa holders must either leave the country or explore alternative visa options to extend their stay legally.

Students on an F-1 visa have limited work opportunities. While on-campus jobs are permitted for a few hours per week, off-campus employment has strict eligibility criteria and requires prior authorization, which decreases students’ chances of obtaining valuable work experience for career growth.

The travel restrictions attached to the F-1 visa make it even more complicated for international students if they wish to travel abroad for personal or academic purposes. Failure to meet these requirements can result in delays or even denial of re-entry to the United States and jeopardize their study and career plans.

Advantages of the EB-5 Visa for International Students

The EB-5 Immigrant Investor Program was established by the U.S. Congress in 1990 to stimulate economic growth and create employment opportunities for American workers through foreign investment. It is a unique opportunity that allows foreign nationals to obtain permanent residency in the United States by investing a minimum amount in a new commercial enterprise and creating 10 permanent full-time jobs for qualified U.S. workers.

The EB-5 visa program offers a Green Card not only to investors but also to their family members (the spouse and unmarried children under the age of 21), who can live, work, or study anywhere in the United States without any restrictions.

Moreover, within five years of obtaining their Green Cards, EB-5 visa holders also become eligible to apply for U.S. citizenship.

Employment Benefits

Unlike other employment-based visa categories that require employer sponsorship or extraordinary qualifications, the EB-5 visa provides a straightforward route to permanent residency without the need for a job offer or any specialized skills. EB-5 visa holders have the flexibility to switch jobs, pursue employment opportunities across various industries, engage in entrepreneurial ventures, or even opt for self-employment or freelancing.

Education Benefits

International students who obtain an EB-5 Green Card qualify for the same education benefits as U.S. citizens, including access to in-state tuition rates, eligibility for federal financial aid programs and scholarships, and increased chances of admission to prestigious universities and graduate programs. With an EB-5 visa, they are not bound by restrictions that apply to international students and are allowed to work, complete internships, and apply for postgraduate positions.

Travel Benefits

EB-5 visa holders can travel internationally without any constraints associated with temporary visas. This allows for more convenience and freedom when traveling out of the United States, including visa-free travel to many countries.

Healthcare and Social Benefits

A U.S. Green Card entitles EB-5 investors to additional healthcare benefits, medical coverage, retirement support, and other social welfare programs unavailable to temporary visa holders.

Initiating the Green Card Process

Switching from an F-1 visa to an EB-5 visa is a multi-step process that requires careful planning and execution. Investors must seek professional assistance and consult an experienced immigration attorney to ensure a smooth and successful transition and avoid potential pitfalls.

Step 1: Meeting the Eligibility Criteria

Before embarking on the EB-5 journey, international students must assess their eligibility for the program. This includes evaluating their financial resources and ensuring that the investment capital meets the required minimum amount. They must also ensure that the funds originate from lawful sources.

Step 2: Selecting an EB-5 Investment

The next step involves selecting an approved EB-5 investment project that aligns with the applicant’s financial and immigration goals. This is a crucial step that requires thorough due diligence, considering factors such as the project’s viability and the potential for meeting job creation criteria.

Step 3: Filing the EB-5 Petition (Form I-526E)

After making the required investment, the applicant must file Form I-526E with all the necessary documentation to initiate the EB-5 visa process. Upon approval of the I-526E petition, the applicant will receive a conditional Green Card valid for two years.

Step 4: Concurrent Filing for Adjustment of Status (Form I-485)

The EB-5 Reform and Integrity Act of 2022 (RIA) introduced a significant advantage of EB-5 concurrent filing for foreign nationals already residing in the United States on nonimmigrant visas.

The concurrent filing provision has proved to be a game-changer for international students seeking permanent residency through the EB-5 program. They can now submit Form I-485 for adjustment of status simultaneously with their I-526E petition, which allows them to legally remain in the United States after completing their studies.

Also, while filing forms I-526E and I-485, F-1 visa holders can apply for work authorization and travel documents that are generally approved within a few weeks. Once students receive these permits, they are free to seek employment opportunities and travel abroad without any constraints, even as their EB-5 application is being processed. This way, they can start enjoying Green Card benefits even before receiving one.

Step 5: Removal of Conditions (Form I-829)

At the end of two years of conditional permanent residency, EB-5 applicants must file Form I-829 to remove the conditions on their Green Card and obtain unconditional permanent resident status.

For the approval of the I-829 petition, applicants must provide evidence that the EB-5 investment has been sustained “at risk” and that the required job creation targets have been met.

USCIS Policy Guidance for Foreign Students

On December 20, 2023, the United States Citizenship and Immigration Services (USCIS) issued a policy guidance update regarding the nonimmigrant F and M student visas.

Both F and M visas are temporary “single intent” visas, which means that students holding an F or M visa status must maintain their intent to leave the United States upon completion of their academic program. This makes it complicated for students on F or M visas to apply for permanent residency without violating the conditions of their temporary visa status.

The USCIS guidance clarified that F and M students can submit an immigrant visa petition so long as they have a foreign residence that they have no intention of abandoning. In other words, starting the Green Card process will not conflict with their nonimmigrant status, if they can still prove their intent to leave after their stay.

This guidance is important for international students as they can now apply for permanent resident status in the United States with more clarity.

Seamless Transition from F-1 to EB-5 With EB5AN

Immigration can be a complex process, especially when it comes to meeting documentation and compliance requirements.

If you are an international student in the United States considering an EB-5 investment for a Green Card, EB5AN can help you make the transition successfully.

EB5AN has helped more than 2,300 families from 60 countries relocate to the United States as lawful permanent residents. Our expert team has more than a decade of experience and offers clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS project approval rate.

If you would like to know more about your EB-5 investment options, book a free call with our expert team today.