EB-5 Immigrant Investor Program: The Optimal Window for Some International Students to Adjust to Green Card Status!
EB-5 Immigrant Investor Program: The Optimal Window for Some International Students to Adjust to Green Card Status!
The EB-5 Immigrant Investor Program has long been a crucial pathway for foreign nationals to obtain U.S. permanent residency. However, due to visa quota limitations, this route fell out of favor several years ago.
In 2022, the U.S. Congress enacted new legislation governing the EB-5 program, reigniting its popularity.
This new law effectively allocates additional visa slots from the statutory immigration quota to new investors, allowing these new EB-5 applicants to take a shortcut and secure U.S. residency ahead of schedule!
This new regulation is extremely significant for certain international students currently in the U.S. It can be said that now is the optimal time for some international students to apply for the EB-5 Immigrant Investor Program. Why is this the case?
(1) Previously, EB-5 applicants could only first file Form I-526 (Immigrant Petition by Alien Entrepreneur) and wait for its approval by U.S. Citizenship and Immigration Services (USCIS) before submitting Form I-485 (Application to Register Permanent Residence or Adjust Status). Due to USCIS’s inefficiency, obtaining the I-526 approval often took an excessively long time. By the time the approval was granted, the available immigrant visa slots had already been exhausted. As a result, even EB-5 applicants residing in the U.S. were still unable to file for green card status adjustment.
(2) Under the current rules, EB-5 applicants can submit Form I-485 (status adjustment application) simultaneously with Form I-526 when filing their immigrant investor petitions. This "dual filing" option resolves the immigration status concerns of some international students, enabling them to stay permanently in the U.S. Once Form I-485 is filed, applicants can obtain not only an Employment Authorization Document (EAD) but also an Advance Parole travel document that allows unrestricted entry and exit from the U.S. All that remains is to wait patiently in the U.S. for the green card approval!
However, this dual filing opportunity is only a relatively short window and will not last indefinitely. Why? Because the additional EB-5 visa slots made available are limited. Once these EB-5 visas are announced as exhausted, the dual filing option will no longer exist.
Therefore, if you (the reader) fall into this "specific group" of international students and are interested in the dual filing opportunity, you need to initiate the EB-5 application process as soon as possible.
So, why emphasize "some" international students?
Because only "some" international student families have the financial capacity to provide the $800,000 investment and prove the legal source of these funds for the EB-5 application. This article is specifically written for this "specific group" of international students and their parents. Why?
Because we have found that many people are still unaware of this dual filing opportunity, causing them to lose the chance to stay in the U.S.—and potentially being barred from re-entering the U.S. for many years to come!
For example, consider an international student from a wealthy family who completed their studies in the U.S. but failed to find a job within the required timeframe, resulting in the expiration of their Optional Practical Training (OPT). They do not wish to return to their home country and hope to remain in the U.S. indefinitely...
If they or their parents had known about the dual filing regulation earlier, and if they had contacted Attorney Xie in Atlanta promptly, their immigration status would certainly not be in its current predicament.
So, who does this "specific group" of international students include?
(1) Middle school students, college students, and graduate students (including doctoral candidates) currently studying at U.S. institutions.
(2) Recent graduates—both those who have secured employment and those who have not—including college graduates and graduate students (doctoral candidates included).
(3) Former international students who are now working in the U.S. on work visas.
(4) Students who have "aged out" and are unable or may be unable to obtain U.S. green cards through their parents’ immigration petitions.
(5) Married international students whose spouses were not born in Mainland China or India.
International students who do not have the financial means to pursue EB-5 immigration on their own or through their families are also part of this "specific group" if they have financially capable relatives or friends willing to gift them the $800,000 required for the EB-5 application.
If you are unsure whether you qualify for this "specific group," you can send an email to our firm’s legal consultation address: attorney@xielaw.com for a free consultation.
If you (the reader) belong to the aforementioned "specific group" of international students and intend to obtain U.S. permanent residency, it is advisable to initiate the EB-5 application process as soon as possible. This will allow you to secure your permanent residency through dual filing before the temporary window closes with the depletion of available EB-5 visa slots.
Once dual filing is successful, you are not obligated to continue your studies—you can take a vacation, start a business, or switch to a different career if you no longer wish to work in your field of study. You will no longer be restricted by the major-related limitations of OPT or subjected to potential exploitation by H-1B employers. In short, you will have no worries about your immigration status.
The above overview is prepared by XIE LAW OFFICES,LLC. to provide legal information to the Chinese community. It is primarily for academic discussion purposes and does not constitute legal advice on specific cases. If you already have legal representation, please consult your own attorney, who is familiar with the details of your case. Clients of Xie & Associates Law Firm, as well as readers who have not yet retained legal counsel, may contact Attorney Xie for specific legal questions. If you wish to reprint this document, please do so in full without any deletions, and clearly indicate the source.
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