The EB-5 Immigrant Investor program offers F-1 international students a powerful alternative to the limitations that are attached to the F-1 visa and H-1B visa. The program grants green cards to investors who commit $800,000 in a Targeted Employment area (or $1,050,000 elsewhere) and create at least 10 full time U.S. jobs. In 2022, the EB-5 program was revamped and made significantly more attractive to prospective investors by allowing F-1 students to simultaneously file their investor petition and green card application which allowed the investor to gain the benefits of the green card without having the green card within just 3-6 months. Two critical deadlines are looming in the next 12-36 months that threaten the current EB-5 opportunity. Filing by September 30, 2026 guarantees petition processing while the program itself is authorized only through September 30, 2027. F-1 students with the financial means are urged to act quickly and file before the 2026 deadline to secure a green card before the current environment is changed.
The F-1 student visa is a golden ticket to the highest level of education in the United States. The F-1 visa opens doors to the top universities in the world and fosters invaluable experiences for international students. Those dreams of building a life in the United States and a career post-graduation are exciting for all international students but can quickly become frustrating when confronted with the reality of the limitations of student visas and the uncertainty of the H-1B visa.
The EB-5 immigrant investor program is the fastest and most reliable way for international students to receive a green card and fulfill their American dreams. This comprehensive guide will explore the transition from an F-1 student visa to an EB-5 green card and provide a detailed roadmap for navigating the journey. The guide will discuss the intricacies of the EB-5 program, the game-changing implications of the EB-5 Reform and Integrity Act of 2022 and the critical upcoming deadlines of September 30, 2026, and September 30, 2027 that every potential investor should understand.
The F-1 Student Visa and Its Many Limitations
The F-1 visa is a nonimmigrant visa that allows foreign students to pursue full time academic or language training programs in the United States. The visa provides an excellent platform for personal and professional growth but is not a direct path to permanent residency after the student graduates. F-1 students are admitted for the sole purpose of study and must maintain their status by complying with regulations and adhering to the visa's limitations.
Optional Practical Training (OPT)
Many F-1 students apply for optional practical training after they graduate, which allows the student to work for up to 12 months in a job directly related to their field of study. Students with degrees in science, technology, engineering and mathematics usually take the additional 24 month extension to get 36 total months of OPT. OPT provides valuable work experience but is only a band aid to the long-term prospects of international students. When OPT ends the pressure to secure a more permanent visa status intensifies. Use our OPT Calculator to understand your timeline.
H-1B Lottery
The most common next step for F-1 students after OPT is to find an employer willing to sponsor them for the H-1B visa. The demand for H-1B visas far exceeds the annual supply which leads to a competitive lottery system. The chances of being selected in the H-1B lottery are dismally low and leaves many highly qualified graduates with no choice but to leave the country.
The road to a Green Card through employment-based categories like EB-2 and EB-3 are incredibly long even for those fortunate enough to secure an H-1B visa. The backlogs for EB-2 and EB-3 stretch for years and in some cases decades for individuals from certain countries. This lengthy and uncertain process puts careers and lives on hold and makes it nearly impossible for foreign nationals to plan for their future. Check your wait time with our Visa Backlog Checker.
What is The EB-5 Immigrant Investor Program?
The EB-5 immigrant investor program was created by congress in 1990 and offers a more direct and certain path to a Green Card for those who can make a significant capital investment in the U.S. economy. The program is codified in section 203(b)(5) of the Immigration and Nationality Act (INA) and allows investors, their spouses and unmarried children under the age of 21 to receive a green card if they meet the capital investment requirement and the job creation requirement (the investment must create at least 10 full time jobs for qualified U.S. workers).
Investment Amounts
The EB-5 Reform and Integrity Act of 2022 updated the minimum investment amounts. As of February 9, 2026 the investment requirements are $800,000 in a Targeted Employment Area and $1,050,000 in a Non-Targeted Employment Area.
A targeted employment area (TEA) is either a rural area or an area with high unemployment. The lower investment threshold for Targeted Employment Areas is designed to encourage investment in areas that need it the most. Explore available TEA projects with our TEA Project Explorer.
What is the EB-5 Process
The EB-5 process typically involves following the steps below:
• 1. Identify a Project: The investor selects a qualifying EB-5 project to invest in. This can be a direct investment in a new commercial enterprise or an investment in a project sponsored by a USCIS designated regional center. Learn how to choose a regional center.
• 2. File Form I-526E: The I-526E demonstrates that the investor has made a qualifying investment in a project that is expected to create the required 10 jobs.
• 3. Obtain a Green Card: Once the I-526E petition is approved the investor and their family can obtain a two-year conditional green card. If the investor is already in the United States on a non-immigrant visa like the F-1 they can adjust their status by filing I-485.
• 4. Remove Conditions: The investor must file form I-829 within the 90-day period before the conditional green card expires to remove conditions on permanent resident status. This petition proves that the investor has sustained their investment and that the required jobs have been created. The investor and their family receive permanent green cards upon approval of the I-829.
EB-5 Reform and Integrity Act of 2022
The EB-5 Reform and Integrity Act of 2022 brought about the most significant changes to the EB-5 program in decades. The act allows for concurrent filing of the I-526E petition and I-485 adjustment of status so the investor can receive their travel and work documents.
Concurrent Filing: A Pathway to Immediate Benefits
Prior to the RIA investors had to wait for their I-526E petition to be approved before they could apply for a green card. This process usually took years and left investors in a state of uncertainty. The RIA now allows investors who are already in the United States on a valid non-immigrant visa to file their form I-485 application to register permanent residence or adjust status, concurrently with the form I-526E petition. By filing the I-485, international students can also apply for an Employment Authorization Document (EAD) and a travel permit (Advance Parole). This means that within 3-6 months of filing their EB-5 petition, they can work for any employer without OPT restrictions or H-1B sponsorship, travel internationally, and enjoy the benefits of a green card while their EB-5 petition is pending.
Transitioning from F-1 to EB-5
The EB-5 program offers a compelling alternative for F-1 students. The transition requires careful planning and a thorough understanding of U.S. immigration law.
Immigration Intent and the 90 Day Rule
The F-1 visa is a single intent visa which means that at the time of application and entry into the United States the student must demonstrate that they do not have the intent to immigrate permanently. Filing an immigration petition like the I-526E can be seen as a direct contradiction to the non-immigrant intent rule. This is where the 90-day rule comes into play. The rule suggests that if an individual on a non-immigrant visa acts inconsistently with their non-immigrant status within 90 days of entering the United States it can be presumed that they had preconceived immigrant intent.
To avoid any issues with immigrant intent it is crucial for F-1 students to consult with an experienced immigration attorney to determine the appropriate time to file their EB-5 petition. Generally, it is advisable to wait at least 90 days after entering the United States before taking any steps toward permanent residency.
Maintaining Lawful F-1 Status
It is essential for F-1 students to maintain their lawful non-immigrant status throughout the EB-5 process at least until their I-485 is filed and they have received their EAD and AP. This means the F-1 student continues to attend classes, make academic progress and comply with all the requirements of their F-1 visa. It is recommended for the international student to not change their activity in the United States until they receive formal approval from USCIS for a change of status.
The Critical Deadlines: September 30, 2026 and September 30, 2027
The EB-5 Reform and Integrity Act of 2022 reauthorized the EB-5 regional center program through September 30, 2027. The RIA also introduced a "grandfathering" provision with a deadline of September 30, 2026. These dates represent a line in the sand for EB-5 investors and understanding the difference between these two dates is paramount for any potential EB-5 investor. Track your timeline with our Grandfathering Countdown Timer.
September 30, 2026: The Grandfathering Deadline
The RIA includes a provision that protects investors who file their I-526E petition on or before September 30, 2026. This grandfathering clause is codified in the Immigration and Nationality act and ensures that any petition filed by this date will be adjudicated by USCIS even if the regional center program is not reauthorized by Congress in the future. This represents a safe deadline for investors. By filing on or before September 30, 2026 investors insulate themselves from any political uncertainty regarding program reauthorization. Learn more about the grandfathering provision.
September 30, 2027: The Program Expiration Date
The EB-5 regional center program is currently authorized to exist until September 30, 2027. This means that investors can file I-526E petitions after the September 30, 2026 grandfathering deadline. However, these petitions will not be protected by the grandfathering clause.
If congress fails to reauthorize the program by September 30, 2027, USCIS would lose the legal authority to process any petitions filed after the 2026 deadline. Investors who file between October 1, 2026 and September 30, 2027 are betting on Congress to reauthorize the program.
The most prudent course of action for any F-1 student considering the EB-5 path is to treat September 30, 2026 as the true deadline.
Conclusion
The transition from an F-1 student visa to an EB-5 green card is a complex but a highly rewarding journey. The EB-5 program offers a unique opportunity for F-1 students to bypass the uncertainties of the H-1B lottery, and the long backlogs of other employment based Green Card categories. The window of opportunity to take advantage of the EB-5 program with full protection of the grandfathering clause is closing. The September 30, 2026 deadline represents a potential hard cut off for prospective investors. For F-1 students that have the financial means to invest now is the time to act. Seeking the guidance of experienced immigration and investment professionals and moving forward with a sense of urgency can turn an American dream into reality. Contact StudentEB5 for a free consultation.
Frequently Asked Questions (FAQs)
What is the difference between the September 30, 2026 and September 30, 2027 deadline?
The September 30, 2026 deadline is a grandfathering deadline. If the investor files their I-526E petition on or before this date USCIS is legally required to process the investors petition even if congress does not reauthorize the EB-5 regional center program. The September 30, 2027 deadline is the date the program itself is set to expire. Petitions filed after the 2026 deadline but before the 2027 deadline are not protected by the grandfathering clause.
Can I file my Green Card Application (Form I-485) at the same time as my EB-5 petition (Form I-526E)?
Absolutely. The EB-5 Reform and Integrity Act of 2022 introduced concurrent filing. If an investor is in the United States on a valid non-immigrant visa like an F-1, the investor can file form I-485 to adjust their status at the same time as form I-526E. This allows the investor to apply for work and travel authorization while the EB-5 petition is pending.
Do I have to stop my studies if I file for an EB-5 visa while on an F-1 visa?
No. The international student must continue to maintain F-1 status which includes pursuing full course of study even after filing the EB-5 petition and I-485 application. The international student should not change their activities or stop attending school until they have received their Employment authorization document (EAD) and have consulted with their designated school official and immigration attorney.
References
• [1] U.S. Department of State, Bureau of Consular Affairs. (n.d.). *Student Visa.* https://travel.state.gov/content/travel/en/us-visas/study/student-visa.html
• [2] U.S. Department of Homeland Security, Study in the States. (n.d.). *Change of Status.* https://studyinthestates.dhs.gov/students/complete/change-of-status
• [3] U.S. Citizenship and Immigration Services. (2023, May 23). *Optional Practical Training (OPT) for F-1 Students.* https://www.uscis.gov/working-in-the-united-states/students-and-exchange-visitors/optional-practical-training-opt-for-f-1-students
• [4] U.S. Department of State, Bureau of Consular Affairs. (2026, January). *Visa Bulletin for January 2026.* https://travel.state.gov/content/travel/en/legal/visa-law-0/visa-bulletin/2026/visa-bulletin-for-january-2026.html
• [5] U.S. Citizenship and Immigration Services. (2023, March 1). *EB-5 Immigrant Investor Program.* https://www.uscis.gov/working-in-the-united-states/permanent-workers/eb-5-immigrant-investor-program
