You might assume the investor path isn’t meant for international students. It’s reserved for millionaires or seasoned business people, not someone studying on an F-1 visa. But that assumption could quietly block your path to permanent residency.
The truth? Some of the most determined EB-5 investors began as F-1 students. They didn’t wait for job sponsorships or gamble on H-1B lotteries. They understood how money, timing, and immigration rules could open new doors.
This guide walks you through that exact path. It’s not easy, but it’s possible and absolutely legal. Now let’s get to the question that brought you here: Can an F-1 student to an investor visa EB-5? Yes, you can. But you’ll need to understand both visas, weigh the benefits, and follow the process closely. Before diving into that process, let’s start with the basics.
What is an F-1 Visa?
The F-1 visa is your ticket to studying full-time in the United States. This non-immigrant student visa is issued to international students accepted by accredited U.S. institutions. This includes universities, high schools, language training programs, and conservatories.
Your F-1 status depends on maintaining full-time enrollment and academic progress.
You also need a valid Form I-20 from your school and must report any changes to USCIS. This visa doesn’t lead to a green card on its own. You need to be studying in a program that leads to a degree, diploma, or certificate, and your school must be officially approved by the U.S. government to enroll international students. Understanding the F-1 limitations is the first step in deciding whether the EB-5 route is right for you.
Also Read: Step-by-Step Guide to Transition from F1 to H1B Visa Stamping Process
Limitations of the F-1 Visa
You already know the F-1 lets you study in the U.S., but it comes with serious limits.
Optional Practical Training (OPT) is temporary, and an H-1B is not guaranteed.
That temporary nature creates stress for many students. Your status is tied to your school, your degree, and your post-grad job hunt. There’s little room for long-term planning under this visa.
Here’s what you can’t do on an F-1:
- Start or run a business for profit
- Work off-campus without special permission
- Stay in the U.S. without school enrollment
- Automatically qualify for a green card
- Sponsor family members for green cards
- Freely traveling during post-graduation changes
That’s why more students are asking: can an F-1 student to an investor visa EB-5?
The F-1 has limits. The EB-5 offers freedom if you meet the criteria.
Want a future that doesn’t depend on job offers or lottery luck? Talk to The Law Office of Sweta Khandelwal about planning your EB-5 path today.
What is the EB-5 Visa?
The EB-5 visa is an investment-based visa that allows foreign nationals to become U.S. permanent residents. It’s designed to attract investors who will make a significant impact on the U.S. economy by creating jobs. Unlike the F-1, the EB-5 leads directly to a green card, giving you the opportunity to live and work in the U.S. permanently.
With an EB-5, you’re investing in a U.S. business that will generate jobs for U.S. workers.
It’s not just about money, it’s about job creation and economic development. The key to transitioning from F-1 to EB-5 is understanding how this visa works and meeting the investment requirements.
Also Read: Transition from F1 to H1B: Understanding Cap-Gap Extension and Travel Options
Benefits of the EB-5 Visa
The EB-5 visa offers a wealth of benefits, especially for international students who want to establish permanent roots in the U.S. Here’s a closer look at the advantages you gain once you transition from an F-1 visa to an EB-5 investor visa:
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Travel
As a U.S. permanent resident under the EB-5, you enjoy the freedom to travel in and out of the U.S. without worrying about visa expiration dates. The EB-5 visa allows you to:
- Visit family and friends abroad
- Travel for business or leisure with fewer restrictions
- Return to the U.S. anytime without losing your resident status
- Plan trips without worrying about re-entry requirements tied to student status
This unrestricted travel is a game-changer for global mobility and personal freedom.
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Healthcare
With the EB-5 visa, you gain access to one of the world’s leading healthcare systems.
As a green card holder, you are eligible for a variety of health benefits, including:
- Coverage through employer-provided health insurance or private plans
- Access to federal health programs like Medicaid, if you qualify
- Better options for specialized care and advanced medical treatment in the U.S.
- Potential to gain coverage under the Affordable Care Act (ACA) marketplace
Unlike on the F-1 visa, where healthcare is often dependent on limited student insurance, the EB-5 provides a comprehensive healthcare safety net.
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Education
Another major benefit of the EB-5 visa is the ability to access in-state tuition rates at U.S. universities. As a green card holder, you qualify as a U.S. resident for educational purposes, meaning:
- Lower tuition fees compared to international students
- Eligibility for financial aid, including federal grants, loans, and work-study programs
- Access to state-funded scholarships
- No need for a student visa extension or changing status for post-graduation work
This benefit dramatically reduces the cost of education and provides greater opportunities for higher learning.
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Employment
With an EB-5 visa, you’re no longer restricted by employment sponsorships or temporary work permits. You can work for any U.S. employer, pursue career opportunities freely, and even start your own business. This flexibility includes:
- Freedom to apply for jobs without needing employer sponsorship
- No restrictions on how many hours you can work or what type of work you can do
The EB-5 offers you the freedom to shape your professional future without unnecessary restrictions. So, now that you know how the EB-5 visa can open doors to opportunities, the next step is understanding how to make the transition from an F-1 visa.
Ready to unlock the full benefits of the EB-5 visa? Contact the Law Office of Sweta Khandelwal and start your path to U.S. permanent residency.
How to Change from F-1 to EB-5 Visa: A Step-by-Step Guide
Transitioning from an F-1 visa to an EB-5 investor visa requires careful planning and understanding of the process. The steps below will guide you through the necessary requirements and actions to successfully make the shift from student to investor:
Step 1: Meet EB-5 Eligibility Criteria
To qualify for an EB-5 visa, you need to meet the following requirements:
- Minimum Investment: You must invest either $800,000 (in a Targeted Employment Area, or TEA) or $1,050,000 in a U.S. business.
- Lawful Source of Funds: You must prove that your investment funds were legally obtained through sources such as personal savings, inheritance, or business earnings.
- Investment in a New Commercial Enterprise: Your investment must be in a new, for-profit U.S. business. This can be a startup or an existing business that is expanding.
- Job Creation: Your investment must create at least 10 full-time jobs for U.S. workers. These jobs must be direct jobs created within the business, not simply indirect benefits.
Meeting these criteria is essential before moving to the next steps in the EB-5 process.
Step 2: Choose a Direct or Regional Center Investment
Once you’ve met the eligibility criteria, the next decision is whether to invest in a direct investment or a Regional Center.
- Direct Investment: You make the investment directly into a business, and you’re responsible for managing the business.
- Regional Center Investment: You invest through a USCIS-approved regional center, which handles the investment and job creation on your behalf. This is often the preferred route because it simplifies the process and offers more flexibility in job creation.
Choosing between these two options depends on your goals, risk tolerance, and involvement in the business.
Choose Form I-526E (applicable for direct investment) over I-526 (applicable for regional center investment) if you want a passive EB-5 investment through a regional center without direct business involvement. It helps F-1 visa holders stay compliant with work restrictions.
Step 3: File I-526E Petition
Once you’ve made your investment and chosen your investment type, you’ll need to file the I-526E Petition with USCIS. This petition demonstrates that you’ve met all the EB-5 visa requirements, including your investment and job creation plan. USCIS will review your petition and may request additional documentation. This process typically takes several months.
Step 4: Concurrent Filing for Adjustment of Status (I-485)
After your I-526E petition is approved, you can file for an adjustment of status using Form I-485. This step allows you to apply for a conditional green card while you’re in the U.S.
If you’re outside the U.S., you’ll apply for an immigrant visa at the U.S. consulate in your home country. Filing I-485 is key for those already in the U.S. under the F-1 visa.
Step 5: Removal of Conditions and Receiving a Conditional Green Card
After two years as a conditional permanent resident, you will need to file a petition to remove the conditions (Form I-829). This step is necessary to verify that your investment has created the required jobs and met all other criteria. Once the conditions are removed, you’ll be granted permanent residency in the U.S.
Now that you know the steps, let’s take action. The sooner you start, the sooner you’ll be on your way to U.S. permanent residency.
Also Read: Changing from F1 Visa to Green Card through EB2 NIW (National Interest Waiver)
Processing Time for EB-5 Visa
The EB-5 visa process can take some time, but understanding the expected timelines will help you plan ahead. Processing times vary based on a number of factors, including the complexity of your case, the type of investment you choose, and the USCIS workload at the time of filing.
I-526 Petition Processing Time
After you file your I-526E Petition, which is your initial application for the EB-5 visa, the processing time typically ranges from 62 to 90.5 months. This is the time it takes for USCIS to review your petition and ensure you meet all EB-5 requirements. Some cases may take longer depending on additional requests for evidence (RFEs) or backlogs.
Adjustment of Status (I-485) Processing Time
The processing time for I-485 typically takes about 12.5 to 34 months. During this period, you can also apply for an Employment Authorization Document (EAD) to work while waiting for your green card.
In total, from the initial filing of your I-526E petition to the receipt of your permanent residency, the process can take anywhere from 2 to 5 years or more, depending on your specific situation.
The EB-5 journey can take time, but the sooner you start, the sooner you’ll reach your goal of U.S. permanent residency. Contact Sweta Khandelwal to begin your process today.
Conclusion
Transitioning from an F-1 visa to an EB-5 investor visa is a strategic move for those who want to secure their future in the U.S. By meeting the eligibility criteria, choosing the right investment option, and following the step-by-step process, you can go from a student to a permanent resident. Yes, there are challenges, but with the right guidance and support, your dream of living, working, and thriving in the U.S. can become a reality.
The process takes time, but the rewards are well worth it. Start your journey now to enjoy the freedom and benefits that come with permanent U.S. residency.
Ready to secure your future in the U.S.? Contact the Law Office of Sweta Khandelwal to guide you through the EB-5 process. Whether you’re wondering if an EB-5 is right for you, need help with your investment, or want to discuss your specific case, talk to Sweta Khandelwal. Don’t wait—contact The Law Office of Sweta Khandelwal today and start your journey!
Disclaimer
Please note that the prices listed for visa services are estimates and may vary in real-time. We recommend consulting the official government websites or other authoritative resources for the most up-to-date pricing information. These estimates do not constitute a guarantee of costs, and fees may change without notice.
