Traditionally, the F-1 visa category was strictly viewed as a non-immigrant intent visa category, meaning that the F-1 student should take no action that indicates they may apply for permanent residency status at a future date.
Due to the F-1 student visa having a non-immigrant intent, it made it a tricky proposition for students to participate in the EB-5 investor program. It was certainly not impossible, but increased the degree of difficulty.
However, in December 2023, USCIS updated their policy guidance for international students, both F and M visa categories, in clarifying that while F and M students must still show a foreign residence that they do not intend to abandon, they may now pursue immigrant visa routes, including the filing of an EB-5 petition.
While this was welcome guidance, it is still important for the F-1 student to demonstrate non-immigrant intent at the U.S. consulate, with evidence that could include (but not exhaustive) foreign bank statements, residence abroad, and other ties to their home country. Current rules are still applicable where, if the EB-5 priority date is current and the F-1 student is able to file their AOS application, they must not have traveled in the period prior to filing the application to demonstrate a change in intent. In addition, once the AOS application is filed, the F-1 student may not travel again until their Advance Parole is issued.
The above article is intended for informational purposes only and is not based upon any specific set of facts. Anyone with specific questions or issues concerning EB-5 or H1-B should consult an immigration attorney.
