Masami Hibino

Immigrant visa versus non immigrant visa

Our clients are asking us whether they could apply for the EB-5 after filing a non-immigrant visa and vice versa. Sometimes they would like to switch from one type of immigrant visa petition to another. Could you please elaborate on that. Thanks!


Marko Issever
July 17, 2019 02:48 AM  Marko Issever

Yes. There is a lot of misunderstanding about this topic. Generally speaking, one could have a short term non-immigrant intent while having a long-term immigrant intent. This is usually achieved by simply obtaining an F1 visa to study in the US and then immediately after entry to the US applying for the EB5. Sometimes, clients have already applied for the EB5 either directly or indirectly as a dependent. In the case, where the applicant is a derivative applicant since they are not the actual EB-5 investor, they will most likely not have an issue with obtaining the F1. On the other hand, if the applicant is already an adult and directly applied for the EB5 clearly showing immigrant intent, he or she would have to provide enough information to convince USCIS.


Securities Disclaimer

This website is for informational purposes only and does not constitute an offer or solicitation to sell shares or securities. Any such offer or solicitation will be made only by means of an investment's confidential Offering Memorandum and in accordance with the terms of all applicable securities and other laws. This website does not constitute or form part of, and should not be construed as, any offer for sale or subscription of, or any invitation to offer to buy or subscribe for, any securities, nor should it or any part of it form the basis of, or be relied on in any connection with, any contract or commitment whatsoever. LLC and its affiliates expressly disclaim any and all responsibility for any direct or consequential loss or damage of any kind whatsoever arising directly or indirectly from: (i) reliance on any information contained in the website, (ii) any error, omission or inaccuracy in any such information or (iii) any action resulting therefrom.