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F-1 student visa holders in the United States can immensely benefit and enhance their prospects by participating in the EB-5 program. The EB-5 program opens doors to a wide array of opportunities for students and allows them to enjoy numerous benefits.

What is the EB-5 program?

Established by the U.S. Congress in 1990, the EB-5 program aims to stimulate economic growth in the United States by attracting foreign capital. Foreign investors can secure U.S. Green Cards for themselves and their dependent family members, including a spouse and children under 21, by making a specified capital investment. Presently, the required capital contribution stands at $800,000, which becomes eligible for return to the investor approximately five years from the date of investment. International students participating in the EB-5 program typically receive the investment funds as a gift from their parents.

What is the F-1 student visa?

The F-1 visa permits entry into the United States for individuals seeking full-time education at an accredited college, university, seminary, conservatory, academic high school, elementary school, or another recognized academic institution, as well as in a language training program. Eligibility requires enrollment in a program or course of study leading to a degree, diploma, or certificate, with the condition that the chosen educational institution must be authorized by the U.S. government to accept international students.

Work authorization

Following the reforms introduced by the EB-5 Reform and Integrity Act (RIA) of 2022, the EB-5 program has become a more viable choice for international students already residing in the United States. Students can participate in the EB-5 program and promptly seek concurrent filing, allowing them to live and study in the U.S. while awaiting the adjudication of their EB-5 applications. This unique feature enables students to pursue their studies while simultaneously obtaining work authorization in the United States, eliminating the need to go through the processes of applying for Curricular Practical Training (CPT) or Optional Practical Training (OPT) to work in the country.

The application processes for CPT and OPT can be time-consuming and restrictive in terms of a student’s employment options. For instance, eligibility for CPT typically requires the completion of one full academic year of study, and the internship or practical training must be related to the student’s program of study. Similarly, OPT has its own limitations, providing only 12 months of work authorization. Once a graduate exhausts their OPT authorization, they often face challenges in obtaining an H-1B work visa, as employers may be hesitant due to associated costs and complexities. Consequently, international students residing in the United States on an F-1 student visa may find themselves disadvantaged in securing internship or employment opportunities.

With work authorization obtained through concurrent filing, students are no longer bound by these limitations. They can freely choose their employers, work for as many years as they wish, or explore entrepreneurial ventures in the United States. With a Green Card in hand through the EB-5 program, students are no longer at the mercy of their employment status.

Contact our team today

If you are an F-1 student visa holder and you are considering applying for your Green Card through the EB-5 program, our team of U.S. licensed lawyers and professionals can assist you on your EB-5 journey. Contact us today for a complimentary consultation.