Can EB-5 Investors Leave the United States While Their Application Is Pending?

The EB-5 Immigrant Investor Program provides a pathway to U.S. permanent residency (a Green Card) for foreign nationals who make a significant investment in a U.S. new commercial enterprise. As investors navigate this process, one common concern arises: Can investors travel internationally while their EB-5 application is being processed?

The short answer is yes, but the rules and restrictions regarding travel can be complicated and depend on several factors. These include the stage of the application (whether you are applying for adjustment of status or consular processing), your current immigration status, and whether you have obtained temporary or permanent U.S. residency.

This article explores the travel limitations at different stages of the EB-5 process, key differences between the consular processing and adjustment of status pathways, and practical guidance to ensure you do not jeopardize your immigration case while traveling.

Overview of the EB-5 Process

Before delving into the specifics of EB-5 travel rules, it is important to understand the two main pathways to permanent residency under the EB-5 program: adjustment of status and consular processing.

Adjustment of Status

Adjustment of status is available to foreign nationals who are already in the U.S. on a non-immigrant visa, such as an H-1B.

Instead of having to go through the process of gaining entry to the country again, through adjustment of status, investors are able to apply for a Green Card without having to leave the U.S. Consequently, adjustment of status is often smoother and shorter than consular processing.

Consular Processing

For those who are outside the U.S., consular processing is the procedure through which an investor applies for an immigrant visa at a U.S. consulate or embassy in their home country. Once approved, investors can enter the U.S. as a lawful permanent resident.

Can I Travel While My EB-5 Application Is Pending?

The ability to travel internationally during the EB-5 process depends largely on the stage you are at in your application.

To answer this question, we must first break down the key phases of the EB-5 process.

Traveling While Awaiting EB-5 Petition Approval (I-526E)

At the beginning of the EB-5 process, investors file a Form I-526E, which is the application that demonstrates your eligibility for the EB-5 program.

If you are outside the U.S. when you submit your I-526E petition, your ability to travel is more straightforward, as you would proceed with consular processing after the approval of your petition. You can travel internationally as long as you are not inside the U.S.

However, if you are already in the U.S. when filing your I-526E petition (such as while on a non-immigrant visa) and an EB-5 visa is immediately available to you, you should make use of the concurrent filing option that the EB-5 Reform and Integrity Act of 2022 introduced.

Foreign investors who reside in the U.S. on valid non-immigrant status can file their I-526E and I-485 (adjustment of status) forms concurrently. This also means they can apply for an advance parole (travel permit) and employment authorization document (work permit) at the same time.

The ability to concurrently file is crucial for EB-5 investors looking to travel while awaiting I-526E approval. Applicants must receive an advance parole prior to leaving the United States—otherwise, they risk violating the terms of their stay and a rejection of their pending application for adjustment.

More specifically, leaving the U.S. without first obtaining an advance parole during this time can potentially trigger complications regarding your re-entry. U.S. Customs may question your intent if you leave the country and then try to return.

It is important to keep in mind that if you have a pending EB-5 application and you are considered to have “immigrant intent” (since you are applying for a Green Card), you may be denied re-entry based on your non-immigrant visa status.

Because of these potential complications, you should consult with an immigration attorney before making any international travel plans during this stage.

Traveling After I-526E Approval but Before Green Card Issuance

Once your I-526E petition is approved, you enter the next phase of the EB-5 process. For investors who are already in the U.S. on a non-immigrant visa, if they have already applied for adjustment of status and hold valid advance paroles, they should be allowed to travel without issues. For investors who are outside the U.S., consular processing would take place.

At this stage, it is possible to travel internationally, but it is essential to be aware of the risks involved. Choosing to leave the U.S. while your adjustment of status application is pending could be risky. In some cases, this could cause delays or complications in processing your application.

For individuals undergoing consular processing, international travel is generally not an issue, as you are outside the U.S. and awaiting your immigrant visa interview at a U.S. consulate.

If you are in the U.S. during this stage, consider postponing international travel until your adjustment of status is approved, or consult with an immigration attorney to discuss the specific circumstances of your case.

Traveling While Holding an EB-5 Green Card

Whether you hold a conditional or permanent EB-5 Green Card, you are allowed to travel in and out of the U.S. freely. However, you must be mindful of how long you remain abroad. Staying outside the U.S. for more than six months may trigger questions about your intent to maintain residency, and absences over one year without a reentry permit could lead to the loss of your Green Card status.

A reentry permit—obtained by filing Form I-131 before you depart—allows you to stay abroad for up to two years without abandoning your status. This is especially important if you expect to be away for an extended period.

If you hold a conditional Green Card (valid for two years), you still enjoy the same travel rights, but you must avoid extended absences that could complicate your Form I-829 petition to remove conditions. Be sure your international travel does not suggest abandonment of your U.S. residence or interrupt your path to full permanent residency.

Practical Tips for International Travel During the EB-5 Process

To ensure smooth international travel during the EB-5 process, here are a few key tips.

Before making any travel plans, always consult an experienced immigration attorney who can provide personalized advice based on your specific situation and current status.

Avoid staying outside the U.S. for extended periods, particularly while your I-526E or I-829 petition is pending. Short trips may be less problematic, but longer absences can complicate your application—and even result in denials.

If you have received a conditional Green Card, ensure that your international travel does not interfere with the timeline for removing conditions. Maintain clear records of your travel dates to show the United States Citizenship and Immigration Services (USCIS) that you have maintained your U.S. residency.

Lastly, if you are a conditional permanent resident and need to stay outside the U.S. for an extended period, apply for a reentry permit to avoid losing your residency status.

EB5AN Can Help You With Your Travel Questions

While EB-5 investors can travel internationally during their application process, it is crucial to understand the rules and limitations at each stage.

Whether you’re in the middle of Form I-526E processing, waiting for your Green Card, or holding an EB-5 Green Card, the timing and nature of your travels can impact your EB-5 process. To avoid complications, always consult with an immigration attorney before making travel plans. Be sure to have a trusted EB-5 team by your side to keep you informed and on the right path.

EB5AN has helped more than 2,700 families from 70+ countries relocate to the United States as lawful permanent residents. Our team has more than a decade of experience, and we offer our 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 rights and responsibilities as an EB-5 Green Card holder, book a free call with our expert team today.