Living in the U.S. While Your EB-5 Green Card Is Pending: What You Need to Know

At EB-5 USA, we’ve seen how the ability to remain in the U.S. while an EB-5 petition is pending has become a defining factor for many investors — particularly for those on temporary visas like H-1B or F-1 who face uncertainty about their future. In 2025, this option is giving families not just a path to a green card, but also the peace of mind to live, work, and plan without interruption. If you’re considering EB-5, here’s what you need to know about staying in the U.S. while your case is in process.

What Does It Mean to Stay in the U.S. During EB-5 Processing?

Since the EB-5 Reform and Integrity Act of 2022, investors already living in the U.S. on valid visas can often remain while their EB-5 case is pending. Through concurrent filing, you may submit both Form I-526E (EB-5 petition) and Form I-485 (Adjustment of Status) at the same time.

For many, this eliminates years of waiting abroad or worrying about status renewals. And beyond just “staying put,” investors gain access to key benefits like:

●       Work authorization (EAD)

●       Travel permits (advance parole)

●       The ability to maintain family stability during the green card process

In short, EB-5 is no longer just about where you’ll end up — it’s about how you can live while you’re waiting.

Travel and Work: Practical Benefits for Families

Remaining in the U.S. while EB-5 is processing offers flexibility, but it comes with rules.

●       On a valid visa (like H-1B/F-1): You can generally travel as long as your visa is unexpired.

●       After filing I-485: Advance parole is required before leaving the U.S. — otherwise, your case could be abandoned.

This is why many families view concurrent filing as life-changing: it lets them apply for work and travel authorization just weeks after filing, instead of waiting years.

Speed Matters: Rural and TEA Categories

For those who want faster processing, project selection is critical. Rural and TEA (Targeted Employment Area) EB-5 investments often receive priority adjudication, with petitions moving in 7–15 months compared to the typical 18–36 months.

Investors from backlogged countries like India and China are especially drawn to these categories, where visas remain current and processing is expedited. The result? Families are getting their conditional green cards faster — and with fewer delays.

Why Regional Center Projects Offer Flexibility

Another factor that makes living in the U.S. smoother during EB-5 processing is the Regional Center model. With Regional Centers, investors:

●       Don’t need to live near the project

●       Don’t need to manage day-to-day operations

●       Can rely on indirect job creation to meet USCIS requirements

This flexibility allows families to focus on building their lives in the U.S. while their investment works in the background.

How EB-5 USA Supports You

At EB-5 USA, we guide clients through more than just project selection. We coordinate with top immigration counsel to ensure your I-526E, I-485, work permit, and travel permit applications are filed correctly and on time.

We also provide strategies for maintaining your existing visa status while your EB-5 case is pending, helping you avoid unnecessary risks during this critical period.

What Should I Do Now?

Living in the U.S. while your EB-5 petition is pending is not only possible — it can be a strategic advantage. By leveraging concurrent filing, investors gain the ability to stay, work, and travel while waiting for their green card approval. With the added benefit of faster timelines in rural and TEA projects, now is a pivotal moment to act.

At EB-5 USA, our mission is to help you turn this opportunity into a clear, secure pathway forward for you and your family .

Because your Green Card shouldn't take a lifetime.