Question:
Hi, I just graduated and am on OPT now, which expires next May. I want to invest one million to buy a company and apply for EB-5 green card for myself. Will I encounter any issue such as dual intent?
Answers:
If you are still on your F-1 Status, note that the F-1 status does not have dual intent. If you become a conditional permanent resident through an EB-5 investment, you will no longer be an F-1 visa holder. But by then, you’d be a conditional permanent resident anyway.
Creating a US Immigration strategy that works best with your needs, timelines, and goals is important, which is why I always stress consulting with and retaining experienced EB5 immigration counsel, like the attorneys at our law firm.
You can file an EB-5 petition while you are in legal OPT status or while you are outside the U.S.
The Petition I-526 may take 12 months of adjudication and therefore at this time your OPT may have already ended. You may wish to leave the U.S. or maintain another legal status in the U.S.Please note you can only file an EB-5 adjustment application in the U.S. if you are maintains a legal status in the U.S.If you are not you will have to apply for conditional permanent residency outside the U.S. through the U.S. consulate process.