{"id":181054,"date":"2022-12-02T12:10:48","date_gmt":"2022-12-02T12:10:48","guid":{"rendered":""},"modified":"2025-05-26T15:11:26","modified_gmt":"2025-05-26T15:11:26","slug":"what-is-a-foreign-nationals-status-while-appealing-h-1b-termination-and-how-could-such-circumstances-affect-an-eb-5-petition","status":"publish","type":"faq","link":"https:\/\/eb5visainvestments.com\/vi\/faq\/visa-application-and-approval-timing\/what-is-a-foreign-nationals-status-while-appealing-h-1b-termination-and-how-could-such-circumstances-affect-an-eb-5-petition\/","title":{"rendered":"What is a foreign national\u2019s status while appealing H-1B termination, and how could such circumstances affect an EB-5 petition?"},"content":{"rendered":"

What is a foreign national\u2019s status while appealing H-1B termination, and how could such circumstances affect an EB-5 petition?
\n<\/span><\/strong><\/h1>\n

The termination (or expiration) of H-1B status results in unlawful status. The act of appealing<\/a> H-1B termination does not restore status or permit the foreign national to remain in the United States.<\/p>\n

After H-1B termination, if the foreign national continues to remain in the U.S., they are accruing unlawful presence. In terms of participating in the EB-5 program, being out of status \u2014 in addition to unlawful presence \u2014 can have significant influence on any filed EB-5 petitions.<\/p>\n