EB-5 Investment Immigration: Eligibility Requirements for International Students Applying for EB-5 Investment Immigration
EB-5 Investment Immigration: Eligibility Requirements for International Students
Attorneys:Attorney Jeff Zhengquan Xie,Attorney Jiarui Yin,Attorney Qian Zhao,Attorney Haochun Ling, Xiang Xiao
In 2022, the U.S. Congress enacted new legislation governing the EB-5 Investment Immigration Program. This effectively allocates additional visa slots for new investors, allowing them to take a streamlined path to obtain early residency in the United States!
These new EB-5 rules are referred to as the New Policy EB-5 Program to distinguish them from EB-5 applications filed prior to 2022.
Filing a New Policy EB-5 application now is highly advantageous for new investors seeking early green card approval. The new policy permits eligible applicants to use concurrent filing—directly adjusting their immigration status. Within a few months, they can obtain an Employment Authorization Document (EAD) and a travel document, which is equivalent to receiving a U.S. "pre-green card."
Recently, our firm secured the first conditional green card under the New Policy EB-5 Program, with the entire process taking just over 9 months.
The recipient of our first New Policy EB-5 green card was an international student from Mainland China. We therefore aim to elaborate on international students’ eligibility for the New Policy EB-5 Program, hoping to inform more students and their parents about this immigration pathway.
Who Qualifies as an "International Student" Here?
This includes all foreign students currently enrolled in U.S. educational institutions—those holding F visas or M visas in the U.S., covering middle school students, undergraduate students, master’s candidates, and doctoral students.
It also encompasses recent graduates who:
-
Have Optional Practical Training (OPT) authorization or have not yet received it, whether employed or job searching.
-
Are interning at U.S. companies with OPT status.
-
Are working full-time or part-time at U.S. companies via OPT (including undergraduates, master’s students, and doctoral students).
-
Are working full-time or part-time via OPT but were not selected in the H-1B visa lottery (including undergraduates, master’s students, and doctoral students).
All the above-mentioned international students are eligible to file New Policy EB-5 applications while in the United States.
What Are the Eligibility Requirements for International Students Applying for the New Policy EB-5?
In fact, international students only need to meet two core requirements to apply for the EB-5 Program:
-
Financial Capacity for Investment: The student must have the financial ability to invest $800,000, with verifiable documentation proving the legitimate source of these funds. Acceptable sources include gifts from parents, relatives, or friends, among other legal avenues .
-
Valid Non-Immigrant Status: The student’s U.S. non-immigrant status must be valid. The most common statuses for international students are F-1 or M-1 visas; in some cases, B1/B2 visas may also qualify.
International students whose non-immigrant status has expired but who remain in the U.S. are not eligible to file New Policy EB-5 applications in the United States.
For international students with circumstances not listed above who believe they qualify for concurrent EB-5 filing, please send an email to attorney@xielaw.com for a free consultation.
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.
Free Consultation Email: attorney@xielaw.com
Phone: (678) 380-0698
Website:
www.xielaw.com
WeChat ID: xielaw88
WeChat Official Account: U.S. Immigration Insights (xielaw8888)
Address: 1770 Indian Trail Lilburn Road, Suite 450, Norcross (Atlanta), Georgia 30093
1770 Indian Trail Lilburn Rd, Suite 450, Norcross, GA 30093 USA
(678) 380-0698 