EB-5 Visa for Students: How to Study in the United States

Renowned for its top-ranked Ivy League colleges, the United States is a top destination for students around the world.

Many foreign nationals studying at U.S. universities enter the nation on an F-1 student visa with the hopes of staying in the country after graduation.

However, the process of immigrating to the United States can be complex, and student visas like F-1 come with numerous work and residency restrictions.

The EB-5 visa for students offers a solution to the challenges F-1 students often face. The EB-5 program can grant permanent U.S. resident status, that is, a Green Card, which offers international students many advantages before, during, and after their university studies.

Explore the many benefits of the EB-5 visa for students seeking higher education in the United States.

Limitations of the F-1 Student Visa

The F-1 visa is designed for foreign students who wish to study at U.S. educational institutions.

The majority of foreign students in the United States hold an F-1 visa, which permits full-time study at U.S. government–approved and accredited educational institutions.

To qualify for the F-1 visa, a foreign national must:

• Be enrolled as a full-time student in a U.S. institution
• Have sufficient funds to cover tuition and living expenses
• Intend to leave the U.S. after completing their studies

While F-1 visas are valid for a period of up to five years, the student’s residency status in the United States remains valid for the entire duration of their study. In cases where there is a delay in the study duration, such as due to a change of major or illness, students have the option to request an extension of their status from their educational institution.

Students can also stay for an additional period after completing their studies via Optional Practical Training (OPT). This allows students to work in their field of study for a limited period after graduation.

Although the F-1 visa allows students to pursue education in the United States, it has significant restrictions. It is a nonimmigrant visa designed for temporary stay and is valid only while the student is enrolled in their academic program. It does not offer a direct route to permanent residency or long-term employment. After completing their studies, F-1 students must either depart the country or secure another lawful immigration status to remain in the U.S.

Employment options under the F-1 visa are also limited. Students may work on campus for a restricted number of hours, but off-campus employment is tightly regulated, requires prior approval, and is available only under specific conditions. These limitations often reduce opportunities to gain practical work experience that could support future career advancement.

In addition, international travel can be challenging for F-1 visa holders. Strict compliance with travel and documentation requirements is necessary, and failure to meet them may lead to re-entry delays or denial, potentially disrupting both academic progress and long-term career goals.

For many individuals, the F-1 student visa suits their needs and enables them to pursue an education in the United States. Others, however, are deterred by the F-1 visa’s restrictive and temporary nature.

This is where many international students turn their focus to the EB-5 visa, an investment-based Green Card that allows the holder to live, work, and study anywhere in the United States without restriction.

What Is an EB-5 Visa?

An EB-5 visa is a U.S. immigrant visa that allows foreign nationals to obtain lawful permanent residency by making a qualifying investment in a U.S. new commercial enterprise.

Created to stimulate economic growth and job creation, the EB-5 program requires investors to:

• Make a minimum investment of $1,050,000 or $800,000 for projects in qualifying rural or high-unemployment areas.
• Make the investment in a for-profit company established after 29 November 1990, known as a new commercial enterprise (NCE).
• Create or preserve at least 10 full-time jobs for U.S. workers through their investment.

Unlike many other visa categories, the EB-5 visa does not require sponsorship from employers or family members, optional practical training, job offers, on campus jobs, or prior work experience in the United States. Successful applicants, along with their spouses and unmarried children under 21, can receive a Green Card and eventually apply for U.S. citizenship.

How Can the EB-5 Visa Benefit International Students?

In terms of education and employment opportunities, the EB-5 investment visa offers international students many of the same education and employment advantages as U.S. citizens.

These include:

• A higher likelihood of acceptance to U.S. colleges
• Access to more affordable in-state tuition rates
• No employment restrictions
• The ability to continue residing in the United States after graduation

Easier Admissions Process

U.S. colleges consistently rank among the top universities in the world, making them attractive to both domestic and international students and resulting in highly competitive admissions processes.

Domestic applicants are admitted at higher rates than international students at many U.S. universities. This is because universities often face constraints when admitting students who require visas.

By obtaining an EB-5 Green Card, a student is classified as a domestic applicant for U.S. college admissions rather than an international student. This means they are evaluated in the same applicant pool as U.S. citizens, instead of competing for a limited number of international student places.

As a result, EB-5 investors’ children benefit from access to the domestic admissions pool rather than the more restrictive international category.

Lower Tuition Rates

Higher acceptance rates are not the only benefit for EB-5 visa holders when applying to U.S. colleges.

Since Green Card holders are considered U.S. residents, they can qualify for in-state tuition rates when attending colleges within their state of residence. While the rates vary between institutions, these lower tuition rates may also increase the number of schools an applicant considers, making schools previously deemed too expensive affordable.

If tuition is still too high even after in-state deductions, EB-5 visa holders have another advantage over other international students: They can apply for financial aid through programs such as Free Application for Student Aid (FAFSA). On top of that, EB-5 Green Card holders may also be eligible for grants from the institution itself and for scholarships offered by various entities.

A Reliable Alternative to the H-1B Visa

Upon completing their studies and OPT time period, many international students intend to remain in the U.S. on the H-1B visa, a work-based visa tied to employer sponsorship. Unfortunately, the H-1B visa presents various challenges of its own.

For example, some students are forced to leave the U.S. upon completing their studies because they are unable to find an employer sponsor in time.

Once again, the EB-5 visa offers a solution to foreign students and workers looking to remain in the United States. Individuals who apply for the EB-5 visa while already residing in the U.S. can apply for Adjustment of Status (AOS) alongside their initial EB-5 application.

By doing so, a student’s status changes from F-1 or OPT to “pending”, and they do not have to leave the U.S.

Moreover, a student can request an employment authorization document (EAD) and travel document (advance parole) with their AOS submission.

Within months, the applicant can legally live and work in the US without employer sponsorship, family members or restrictions while they wait for their EB-5 Green Card application to be processed.

A recent EB-5 investor in our Twin Lakes Georgia project received an EAD and travel document in only 60 days and started enjoying immigration benefits. That is a significant advantage over the H-1B visa and its complications.

Opportunity for Valuable Work Experience

One of the primary disadvantages to the F-1 visa is the work restrictions imposed on international students. F-1 students are limited in the number of hours they can work on campus and are only allowed to work off campus in certain circumstances.

Furthermore, F-1 students who go on to obtain the H-1B visa still face work restrictions: They may only work for their approved employer and are prohibited from engaging in activities that generate side income, such as freelance work.

Their ability to launch their own business is also significantly hindered, as it would count as a different company and would conflict with their obligations to the sponsoring employer.

In contrast, the EB-5 visa offers total freedom in regards to working in the United States. EB-5 visa holders can work at any company as a U.S. citizen, including in roles not related to the applicant’s degree or positions with employers that do not sponsor H-1B visas.

Moreover, the EB-5 visa allows an international student to freely engage in freelance or independent contracting work outside of their regular duties. They may monetize creative endeavors, such as art and music, and can even launch their own business without the complications an H-1B worker would face.

Making an EB-5 Investment as an International Student

Here are the basic steps on making an EB-5 investment and the application process as an international student:

1. Hold a valid nonimmigrant status (such as F-1) at the time of filing.
2. Identify a qualifying EB-5 investment opportunity. You can invest directly in your own business or invest through a government-approved regional center. Most investors choose regional center projects because they require less day-to-day involvement.
3. Fulfill the EB-5 minimum investment requirements. This typically involves investing $800,000 or $1,050,000 in an NCE.
4. Document the lawful source of your investment funds. You must show where your investment money came from. This could include savings, business income, gifts from family members, or other lawful sources.
5. File Form I-526 or I-526E (immigrant petition) with USCIS while maintaining student status.
6. Continue complying with F-1 requirements until eligible to adjust status.
7. Apply for adjustment of status using Form I-485 if you are in the U.S. or by going through consular processing in your home country.
8. Receive conditional residency status (conditional Green Card).
9. Keep your capital invested in your EB-5 project for at least two years and until it has generated 10 full-time jobs.
10. File Form I-829 and receive permanent residence (permanent Green Card).

Can Parents Gift Students EB-5 Investment Funds?

In most cases, international students themselves do not possess the required capital for an EB-5 investment, but their parents or family might. As such, many parents gift EB-5 funds to their college-aged children so they can apply for the EB-5 visa. United States Citizenship and Immigration Services (USCIS) — the government agency that oversees the EB-5 program — accepts funds from various sources for EB-5 investment, with gifts being a commonly used one.

To make an EB-5 investment with gifted funds, investors must present an agreement stating that the transaction is a gift and that the recipient does not have an obligation to repay the donor.

Additionally, all EB-5 investors must provide evidence that their investment capital was lawfully sourced as well as documentation of the path their funds took from origin to EB-5 investment.

As it may be challenging and time-consuming to gather source-of-funds documentation, investors are encouraged to first consult a qualified EB-5 lawyer before the application process to determine the best sources to use.

Get Expert Help Applying for Your EB-5 Visa

For personalized guidance on getting started on the EB-5 immigration process, we invite you to schedule a free consultation with EB5AN.

EB5AN has helped more than 2,700 families from 70+ countries become lawful permanent residents of the United States. 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.