Many students come to the U.S. on an F-1 visa to study and chase their dreams. But when school is almost over, many wonder, “What happens next?” Staying in the U.S. isn’t easy, with rigid rules and limited options for staying and working here. Before the COVID-19 pandemic, F-1 student visa applicants experienced a 27% refusal rate, which varied depending on the time and region.
However, there is one exciting way to stay—the EB-5 program. With this program, F-1 visa holders can invest money in a U.S. business and, in return, get permanent residency (a green card). Sounds cool, right? But it’s not super easy. You have to invest a lot of money and follow strict rules.
Keep reading and learn how F-1 visa students can use the EB-5 program to make their dreams of staying in the U.S. come true!
How Do H-1 Visa Holders Gain EB-5 Eligibility?
H-1 permit holders in the U.S. often seek options for permanent residency, and one viable pathway is the EB-5 visa program. The EB-5 program offers permanent residency through a substantial investment in a U.S. enterprise, provided it creates or preserves at least ten full-time jobs for U.S. workers. The investment amount typically required is $1,200,000 or $800,000 if it is in a Targeted Employment Area (TEA). Applicants must prove the lawful source of their funds, including savings, gifts, or compliant loans.
Transitioning from H-1 to EB-5 status provides independence from employer sponsorship and greater flexibility. The permit process requires careful planning, as applicants must meet all EB-5 criteria and maintain valid visas.
Transitioning from F-1 Visa to Green Card
For international students on an F-1 permit, the EB-5 permit program presents an opportunity to gain permanent residency in the U.S. through investment. To start this process, F-1 permit holders must file Form I-526 (Immigrant Petition by Alien Entrepreneur) with USCIS, demonstrating that their investment meets EB-5 requirements, such as job creation. Once approved, F-1 students can adjust their status by filing Form I-485 if they are in the U.S. or apply for an immigrant visa through consular processing.
F-1 students must keep their student status active while applying for the EB-5 program. Failure to follow F-1 rules could risk their application. They must also meet all investment requirements and have a valid Form I-20 to comply.
Requirements for EB-5 Visa Applicants in the U.S.
EB-5 permit applicants, including those on an F-1 student permit, must fulfill these essential requirements:
- Investment Amount: The required investment is $1,200,000 or $800,000 if the project is in a TEA. The funds must be at risk and contribute to job creation for at least ten U.S. workers.
- Source of Funds: Applicants must provide documentation demonstrating that the investment funds come from lawful sources.
- Business Plan: A detailed business plan outlining the investment’s compliance with EB-5 requirements is essential.
- Filing Process: Applicants must submit Form I-526 to USCIS with all necessary documentation. Approval of Form I-526 allows applicants to proceed with adjusting their status or consular processing for a green card.
F-1 permit holders must maintain valid student visa status while navigating the EB-5 process. Ensuring compliance with student and exchange visitor program guidelines and maintaining an active Form I-20 is vital for a successful outcome.
Role of EB-5 Regional Centers in F-1 Visa Transitions
EB-5 regional centers are essential in helping F-1 permit holders transition to permanent residency. These centers are USCIS-approved entities that manage EB-5 investments, often pooling resources for large-scale projects. By investing through a regional center, international students may find it easier to meet job creation requirements through indirect and induced job models.
Regional centers like Austin EB5 support international students, including assistance with the visa application process, required documentation, and compliance with EB-5 regulations.
F-1 Student Visa Requirements
To maintain F-1 status, international students must meet specific permit requirements. F-1 students must:
- Be enrolled as full-time students at a U.S. institution approved by the Student and Exchange Visitor Program (SEVP).
- Possess a valid Form I-20, which confirms their enrollment and student status.
- Follow the rules on work authorization, such as Curricular Practical Training (CPT) and Optional Practical Training (OPT).
- Comply with visa restrictions on off-campus work during their first academic year.
International students wishing to study in the U.S. must obtain an F-1 visa through a complex permit application process. The process includes a visa interview at the U.S. embassy or consulate and requires applicants to provide documentation, including Form I-20 and proof of financial capability.
Visa Interview and Application Tips
F-1 permit holders transitioning to EB-5 or other visa options must be prepared for the visa interview, which involves questions about their immigration status, investment plans, and source of funds. Key documents to bring include:
- Passport and Form I-526 approval notice.
- Evidence of investment and lawful source of funds.
- Business plans and financial statements.
Applicants should remain composed during the visa interview and provide clear and honest answers. Proper preparation, including understanding the application process and interview tips, can help maximize the chances of a successful visa application. Additionally, F-1 permit holders may need to pay a permit issuance fee and demonstrate compliance with permit requirements under U.S. law.
Charter Your Path to a U.S. Green Card with Austin EB5
The EB-5 program gives F-1 visa holders a chance to stay in the U.S. long-term by making a significant investment. While it can seem complicated, this path offers a way to build a stable and prosperous future in America. International students can work toward getting their green card by meeting the requirements, gathering the proper documents, and making a qualifying investment.
At Austin EB5 Regional Center, we understand that the journey to permanent residency can feel overwhelming. That’s why we’re here to make it simpler and smoother for you. We connect F-1 visa holders and other applicants with investment opportunities that meet and often exceed EB5 program requirements. This helps maximize your chances of approval and brings you closer to achieving your U.S. green card.
Contact us today to start building a stable future for you and your family in the U.S.!
F-1 Visa Holders Frequently Asked Questions
Can F-1 Holders Apply for EB-5 Eligibility?
Yes, F-1 holders can apply for EB-5 eligibility, but they must meet specific requirements related to their investment and the program’s criteria.
What Are the F-1 Qualifications for Applying for EB-5?
F-1 qualifications include maintaining full-time student status at a U.S. institution and complying with the terms of the F-1, including working off-campus with authorization.
How Does the Application Process Work for F-1 Holders Seeking EB-5?
The application process involves submitting Form I-526 for the EB-5 program, along with proof of investment and documentation demonstrating the source of the funds.
Can an M-1 Student apply for EB-5 Eligibility?
Yes, M-1 students can also apply for EB-5 eligibility, provided they fulfill the necessary investment requirements and adhere to the regulations of the EB-5 program.
What Documents Are Needed for the F-1 Application to Transition to EB-5?
Essential documents include the I-20 form, proof of investment, evidence of the source of funds, and documentation showing F-1 or M-1 student status compliance.
Are There Any Application Fees for F-1 Holders Applying for EB-5?
Yes, there are application fees involved in the EB-5 process, including the I-526 petition fee and any additional fees required during the application process.
What Happens if an F-1 Holder Faces Denials While Applying for EB-5?
If an F-1 holder experiences a denial, they may need to address the reasons and consider reapplying or seeking legal advice to understand their options.
How Does the Status of an F-1 Student Affect Their EB-5 Application?
Maintaining valid F-1 or M-1 student status is crucial, as it ensures that the individual remains eligible to apply for the EB-5 program while pursuing their course of study.
