If you are an international student in the U.S. dreaming of staying permanently after graduation? You're not alone. Thousands of F-1 Visa holders are discovering that the EB-5 immigrant investor program offers the most direct path from student to permanent residency. Use our OPT Calculator to understand your current timeline and options.
Why F-1 Students Are Choosing the EB-5 Route
The United States attracts the world's brightest students with its prestigious universities, cutting-edge research, vibrant environment and unlimited opportunity. The challenge for these international students is how to stay in the United States after they're done their education. The EB-5 program changes everything and gives international students a rare and amazing opportunity.
The F-1 Visa Reality: Understanding Your Limitations
As an F-1 student you're experiencing firsthand the constraints of temporary status:
Work Restrictions:
• Limited to on-campus employment (typically under 20 hours per week)
• Off-campus work requires special authorization
• Post-graduation employment depends on Optical Practical Training Approval (OPT)
• H-1B visa lottery offers very low and uncertain outcomes
The EB-5 Advantage: Why Smart Students Are Investing Their Future
The EB-5 immigrant investor program offers what every international student wants and gives opportunity to these students through certainty, freedom and opportunity.
What is the EB-5 Program?
The EB-5 program was established in 1990 and allows foreign nationals to obtain U.S. permanent residency (a green card) by making a qualifying investment in a U.S. business that creates American jobs. The program is straightforward, predictable and powerful.
Benefits for Students
With EB-5 students can begin working within weeks of filing their EB-5 application through concurrent filing. No employer sponsorship is needed. No lottery is required. No years of waiting for an H-1B visa. EB-5 investors can travel without worry, visit family, attend conferences, explore the world without jeopardizing U.S. status.
With EB-5 status students can qualify for:
• In-state tuition rates
• Federal financial aid and scholarships
• Increased admission chances to competitive programs
• No restrictions on internships or assistantships
Family Benefits
Families can also benefit through the EB-5. Spouses and unmarried children under 21 receive green cards too. The children of EB-5 investors can attend U.S. schools as residents and spouses of the investors can work without restrictions. After five years as a permanent resident you're eligible for U.S. citizenship.
How F-1 Students Can Get Their Green Card Through EB-5
Step 1: Confirm Your Eligibility
You'll need to make a qualifying investment (currently $800,000 in a Targeted Employment Area or $1,050,000 in other areas) using funds from lawful sources.
Step 2: Choose Your EB-5 Investment
Select a USCIS-approved EB-5 regional center project. You want a project with:
• Proven Track Record
• Strong economic fundamentals
• Clear path to meeting job creation requirements
• Experienced management
Step 3: File Your I-526E Petition
Submit your EB-5 application with comprehensive documentation showing your investment and source of funds.
Step 4: The Student Advantage – Concurrent Filing
Here's where being in the U.S. on an F-1 or H-1B visa becomes a massive advantage. Thanks to the EB-5 Reform and Integrity Act of 2022, you can file Form I-485 (Adjustment of Status) at the same time as your I-526E petition. This means:
• Work Authorization is typically approved within 90 days
• Travel documents (advance parole) approved within 90 days
• Legal right to remain in the U.S. while your application processes
• Start enjoying Green Card benefits months or even years before receiving your actual green card
Step 5: Remove Conditions (I-829)
After two years as a conditional permanent resident the EB-5 investor can file form I-829 to receive your unconditional Green Card.
FAQs
Will applying for EB-5 violate my F-1 status?
No. USCIS clarified in December 2023 that F-1 students can apply for immigrant visas (including EB-5) without violating their nonimmigrant status as long as they maintain their student obligations and can demonstrate ties to their home country.
What if I'm about to graduate on an F-1?
Timing is critical. Filing your EB-5 application before your F-1 status expires you can use concurrent filing to remain legally in the U.S. with work authorization. Don't wait until graduation because it may be too late.
How long does the EB-5 process take?
Receiving your permanent green card can take 2-4 years depending on your country of origin but concurrent filing means you can receive work authorization and travel documents within months. Concurrent filing allows you to live and work in the U.S. with the benefits of the Green Card while you wait. Learn more about the EB-5 timeline.
What about the investment amount?
The minimum investment is $800,000 for projects in Targeted Employment Areas (rural or high unemployment areas) or $1,050,000 in non-targeted employment areas. Most students work with family members to secure capital and many H-1B holders have the savings to secure the EB-5. Check out our investment requirements guide.
Why Choose StudentEB5?
StudentEB5 is a free resource that helps international students and H-1B employees to receive the most up to date information regarding the EB-5 program. Visit www.studenteb5.com to download our guides and sign up for our newsletter.
Contact us to start your journey from F-1 student visa to U.S. green card.
