For an international student studying in the United States on an F-1 visa, the first few years of
college are often focused on academics, making friends and building a career. Immigration
planning may not seem like an immediate priority. But for students who already know they would
like to remain permanently in the United States, waiting until the end of college to start thinking
about EB-5 could mean missing an important planning opportunity.
In particular, the ability in many circumstances to pursue concurrent filing makes the timing of an
EB-5 decision especially important for students who are already living in the United States.
EB-5 Should Be a College-Age Conversation
An F-1 student does not necessarily need to decide on EB-5 during their freshman year. But
freshman, sophomore and junior years can be the right time to start learning about the program
and evaluating whether it could fit into the family’s long-term immigration plans.
Waiting until senior year can compress the decision-making process. By then, a student may be
much closer to needing a permanent immigration strategy, while the family may still need to
evaluate the source of investment funds, select an appropriate EB-5 project and understand the
potential timing of the immigration process.
Starting earlier provides something that cannot be purchased later: time. It allows the student
and family to understand the program without making the decision under pressure.
Concurrent Filing Makes Timing More Important
One of the most significant considerations for an F-1 student currently in the United States is the
possibility of concurrent filing.
Under the EB-5 Reform and Integrity Act, EB-5 investors may be able to file Form I-526E and
Form I-485 concurrently when an immigrant visa is immediately available to them. USCIS
specifically states that an investor may file an adjustment-of-status application concurrently with
or after Form I-526E when approval of the petition would make an immigrant visa immediately
available.
This creates an important planning opportunity for F-1 students. Rather than thinking about EB-
5 only as something to pursue after completing college, a student who qualifies may be able to
begin the permanent-residence process while still living in the United States.
However, visa availability is critical. Concurrent filing is not simply a benefit that is guaranteed to
remain available to every EB-5 investor indefinitely.
Why Indian and Chinese Students Should Pay Particular Attention
Visa availability is especially important for students from India and China because demand in
the EB-5 unreserved category has already resulted in significant visa backlogs.
As of September 2026, the EB-5 Visa Bulletin shows the unreserved category as current for
most countries, while China and India have cut-off dates. At the same time, all three EB-5
reserved categories (rural, high unemployment and infrastructure) are listed as current for all
countries.
That situation could change. If demand increases in the reserved categories or visa availability
changes in the unreserved category, an F-1 student from India or China could eventually face a
situation in which an immigrant visa is no longer immediately available at the time they are
ready to file for adjustment of status.
For Indian students, this issue is particularly relevant because the State Department reached
India’s FY 2026 per-country limit for EB-5 unreserved visas in June 2026. The State Department
has also cautioned that additional demand could result in further movement or retrogression.
The crucial point for students is not that concurrent filing is unavailable today. It is currently
available when the applicable visa-availability requirements are satisfied. The question is
whether the same opportunity will exist when a student decides to pursue EB-5 several years
from now.
Reserved EB-5 Categories Add Another Dimension
The EB-5 Reform and Integrity Act created three reserved categories: 20% of EB-5 visas are
reserved for qualifying rural projects, 10% for high-unemployment-area projects and 2% for
infrastructure projects. The remaining 68% are unreserved.
As of September 2026, all three reserved categories are current for all countries, including India
and China.
For an F-1 student, this means that the choice of EB-5 project can have immigration
implications in addition to the traditional project-level considerations. Country of birth, the
category in which an investment qualifies and future visa demand can all become relevant when
evaluating the timing of an
Source of Funds Can Take Time to Prepare
For many young EB-5 investors, the investment capital will come from parents or other family
members. Demonstrating the lawful source and path of those funds is an important component
of the EB-5 process.
That documentation may involve tax returns, bank records, investment records, business
records, loan documentation, property transactions, or other financial records. If funds have
accumulated over many years or moved between accounts and investments, reconstructing the
complete path of the money can take time.
Starting the conversation early gives families an opportunity to understand what documentation
may be necessary rather than discovering potential documentation issues when they are
already trying to file.
The above article is intended for informational purposes only. Anyone with specific questions
relating to pursuing EB-5 as an international student should consult with an experienced
immigration attorney.
