One of the most significant and impactful benefits of the EB-5 Reform and Integrity Act has been the emergence of the program as a viable and attractive immigration pathway for international students. Before 2022, students on F-1 visas faced an uncertain future characterized with limited work options and a shaky path to remaining in the United States after graduation. Concurrent filing has changed that trajectory dramatically.
What is Concurrent Filing?
Concurrent filing was introduced to the EB-5 program in 2022 via the Reform and Integrity Act. The RIA allows an F-1 student to file their I-485 petition for adjustment of status at the same time as their I-526E petition. This immediately grants them a period of authorized stay and allows them to remain in the country while their petition is adjudicated. Most importantly, it allows the international student to apply for an Employment Authorization Document (EAD) and an Advanced Parole travel document. These effectively grant the international student the freedom to work for any employer and to travel internationally without restriction. In layman terms, the international student gets the benefits of the green card almost immediately without having the green card.
This mechanism provides a powerful solution to the challenges of the F-1 visa. Students are no longer constrained by the limitations of on-campus work or the highly competitive Optional Practical Training (OPT) program. They also won't have to compete in the H-1B lottery. As permanent residents they can qualify for in-state tuition, a wider pool of scholarships and federal financial aid which in most cases can offset the cost of the initial EB-5 investment.
USCIS policy has further solidified this incredible pathway for the international student. The agency issued guidance clarifying that the act of filing an immigrant petition like the I-526E does not negate the nonimmigrant intent required for an F-1 visa as long as the student maintains a residence abroad that they do not intend to abandon.
The Critical Upcoming Deadline
The EB-5 regional center program is scheduled to sunset in 2027, and grandfathering protections will expire on September 30, 2026. Investors who file their petition after September 30, 2026 may not benefit from the protections if the program is allowed to lapse. In 2027, the program is expected to adjust minimum investment requirements to remain in line with current inflation. Filing before September 30, 2026, will get the investor the 2025 minimum investment requirements and protection under the current program rules.
EB-5 FAQs for International Students
What are the EB-5 visa requirements for 2025?
The EB-5 program allows foreign nationals to obtain U.S. permanent residency through an investment in a United States business that creates jobs. The minimum investment if the project is in a Targeted Employment Area (rural areas or areas of high unemployment) is $800,000. The minimum investment in non-Targeted Employment Areas is $1,050,000.
What are the forms for concurrent filing for international students using the EB-5?
Concurrent filing allows international students to stay in the United States legally and apply for interim benefits while the international student's EB-5 petition is being processed. This is extremely helpful for international students who are already in the United States on other nonimmigrant visas because it maintains lawful status during the transition to permanent residency. Concurrent filing allows F-1 students to file four petitions simultaneously:
• Form I-526E: Immigrant petition by Regional Center (EB-5 visa application)
• Form I-485: Application to register permanent residence or adjust status (Green card application)
• Form I-765: Application for Employment Authorization Document (work permit application)
• Form I-131: Application for Travel Document (travel permit application)
F-1 students do not need employer sponsorship to remain in the United States at the end of their studies if they file these four petitions concurrently. They can work anywhere they choose, which includes being self-employed.
What are the benefits of filing for the EB-5 for an International Student?
International students who file for the EB-5 visa from inside the United States enjoy several benefits when compared to foreign nationals pursuing other visas or EB-5 investors who apply through consular processing outside of the United States.
• Legal right to remain: EB-5 adjustment of status allows investors the legal right to remain in the United States after completing their studies and EB-5 investors do not need employer sponsorship.
• Fast-track to citizenship: The EB-5 program is a fast-track route to U.S. citizenship for international students. They can apply for citizenship after five years of permanent residency which includes the two-year conditional permanent residency period.
• Financial benefits: Depending on when the international student applies for the EB-5 program, they can lock in an early priority date and get benefits like in-state tuition, broader scholarship opportunities and broader financial aid opportunities. All of which can offset the initial EB-5 investment cost.
• Family sponsorship: International students invested in the EB-5 can sponsor other eligible family members, such as parents, to join in the United States once they obtain citizenship.
Can my EB-5 investment funds come from a loan or gift?
Yes, funds for an EB-5 investment can come from loans or gifts. For a loan, the funds must be secured by the investor's personal assets. For gifts, documentation proving the gift and its legal origin is required.
What is a regional center?
A regional center is a business designated by USCIS that pools capital from multiple EB-5 investors into projects that create jobs and meet the USCIS requirements. They provide a more passive experience for the EB-5 investor.
What happens if the International Student turns 21 during the EB-5 process?
The Child Status Protection Act (CSPA) helps protect children from aging out of the EB-5 process during the EB-5 investment period. The CSPA allows a child's age to freeze when the I-526E petition is filed. This means that international students can still qualify as a dependent even if they turn 21 before receiving a green card.
EB-5 Process Estimated Timelines
Processing times vary based on many factors like visa availability and country of origin. Typically, after the international student concurrently files the I-526, I-485, Employment Authorization Document and Advanced Parole and the regional center has the pre-approved I-956F, processing times are expedited:
• EAD/AP Approval: 3-6 months
• I-526 Approval: As quick as 6-12 months
• I-485 Timeline: Estimated 6-8 months after I-526 approval
What is the difference between Form I-526E and Form I-829?
Form I-526E is the initial petition that demonstrates the international student is in a qualifying investment that will meet the 10-job creation plan. With an approved or concurrently filed I-526E petition, an international student can seek a conditional green card. The Form I-829 is filed after two years to remove the condition on the green card. The Form I-829 must demonstrate the investment was sustained and the required 10 jobs were actually created.
How long must the investment be sustained?
For post-Reform and Integrity Act investments, the funds must be at risk for at least two years and satisfy the other EB-5 requirements. However, if the international student invests in a regional center and has a contract with the regional center, that document will dictate how long they must keep their funds invested in the project prior to pulling out the investment. Two years is the absolute minimum, but the investment can be longer than two years based on the contract.
References
• U.S. Citizenship and Immigration Services. (2025, November 18). About the EB-5 Visa Classification. Retrieved from https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-fifth-preference-eb-5/about-the-eb-5-visa-classification
• CanAm Enterprises. (2025, June 26). How Long Does EB-5 Take? A 2025 Timeline for I-526E, Visa Approval, and Green Card. Retrieved from https://www.canamenterprises.com/2025/06/26/how-long-does-eb-5-take-a-2025-timeline-for-i-526e-visa-approval-and-green-card/
• EB5 Visa Investments. (2024, June 20). Upgrading the F-1 Student Visa to an EB-5 Green Card. Retrieved from https://eb5visainvestments.com/2024/06/20/upgrading-the-f-1-student-visa-to-an-eb-5-green-card/
• Student EB5 (2025). The best opportunity in Investment Migration | Why 2026 is the best year ever for new investors in the EB-5 program. Retrieved from https://www.studenteb5.com/blog/best-opportunity-investment-migration-2026
• Student EB5 (2025). EB-5 Grandfathering Explained: Why 2026 and 2027 are critical for investors. Retrieved from https://www.studenteb5.com/blog/eb5-grandfathering-2026-2027-deadlines
