Education & careers
EB-5 for students.
More freedom to work.
Applying for yourself—or helping your child apply? Explore EB-5, parental funding and work-permit options for eligible students already in the U.S. A separate work permit can be approved while the EB-5 petition is pending.
Explore lower university costs. A Green Card can help eligible students qualify for in-state tuition at public universities. Savings can be substantial, but state residency, dependency and university rules apply; a Green Card alone does not automatically change the fee rate.
Work starts once the separate work permit is approved and valid.
Internships, jobs and employer sponsorship
Get a work permit
before EB-5 approval.
Already in the U.S.? Speak to us to check whether you’re eligible →
Eligible students with a pending adjustment application may receive a work permit before their EB-5 petition is approved. Once the permit is valid, they can take internships and jobs without H-1B sponsorship.
The work permit needs separate approval. Filing an EB-5 petition or I-485 alone does not authorise work. Eligibility, visa availability, permit validity and the pending adjustment case all matter.
EB-5 is a substantial at-risk investment, currently from $800,000 plus fees in a qualifying reduced-threshold category. Compare the full commitment with your family’s needs—not just the next academic year.
Sources: eCFR · employment authorisation, 8 CFR 274a.12(a)(1), (c)(9) · U.S. Code · EB-5 statutory text (2024 edition)
Already studying in the U.S.?
Check eligibility.
Then plan the application.
Eligible applicants in the U.S. can apply for adjustment of status and a separate work permit while the EB-5 petition is pending. Check eligibility and visa availability first; work can start only when valid authorisation is in place.
Can the application be filed from inside the U.S.?
FIRST / CHECK ELIGIBILITY
Speak to us about concurrent filing. We’ll coordinate an individual eligibility review covering the applicant’s visa status, immigration history and visa availability, and guide you through the next steps.
Petition + adjustment application
THEN / IF ELIGIBLE
File Form I-526E for the regional center investment with I-485 where permitted. An eligible applicant can also request an EAD using I-765 and advance parole using I-131.
Work and travel each need permission
SEPARATE DECISIONS
A granted, valid adjustment-based EAD may permit work while I-485 remains pending. Do not start work merely because forms were filed. Travel needs its own review and, generally for F-1 adjustment applicants, advance parole before departure.
Conditional permanent residence
LONGER-TERM OBJECTIVE
EB-5 eligibility, visa availability and the adjustment decision still matter. Initial residence is conditional; I-829 later seeks removal of conditions. An EAD does not predict the green card decision.
This is a sequence of decisions, not a processing-time promise. An I-526E petition alone does not provide this adjustment-based work permit. EAD expiry, renewals and a denied or withdrawn I-485 need individual advice.
Sources: U.S. Code · adjustment eligibility and EB-5 concurrent filing, 8 USC 1255(a), (n) · eCFR · employment authorisation, 8 CFR 274a.12(a)(1), (c)(9) · eCFR · departure during adjustment, 8 CFR 245.2(a)(4)
Speak to us before changing status, starting work or travelling. We coordinate the review and remain your main point of contact.
Protect existing status, travel plans and your fallback options
Protect the student’s existing position. Speak to us before using a new EAD, travelling or changing study plans. We coordinate the legal review and help organise the questions for the designated school official (DSO) about F-1 status, SEVIS and the fallback plan. An I-485 receipt is not F-1 status. Do not enter on a student or visitor visa on the assumption that immediate adjustment will be permissible.
Some eligible applicants may pursue adjustment of status, including concurrent filing of I-485 with the investor petition when permitted. Being physically present is not enough: immigration history, status, admissibility and the applicable visa chart all matter. Do not stop maintaining a status or make international travel plans based only on a pending petition.
Ask before acting: Speak to us before filing or travel. We coordinate a legal review of eligibility, current status, work authorisation, advance parole and any family-specific exceptions.
Understand the difference
Compare OPT, H-1B,
work permits and Green Cards.
A valid work permit or Green Card can give you greater independence from employer sponsorship.
Compare the four routes below. On a small screen, swipe the table horizontally to see every column.
| Question | F-1 / CPT / OPT | H-1B | Adjustment-based EAD | Permanent residence |
|---|---|---|---|---|
| Basis | Student practical training; authorised work connected to study. | Employer petition for a qualifying specialty occupation. | Approved I-765 based on a pending, eligible I-485. | Approved residence, initially conditional under EB-5. |
| Employer sponsorship | No H-1B petition needed for valid OPT; STEM OPT has additional employer and training requirements. | Generally employer-sponsored; new cap-subject cases face selection when oversubscribed. Some employers/cases are cap-exempt. | No H-1B sponsorship needed to work under a valid adjustment-based EAD. The employer still completes Form I-9. | Generally no employer visa sponsorship or H-1B cap selection needed. |
| Career flexibility | OPT work must relate to the degree; CPT must fit the curriculum. | Work is governed by the approved petition; changing employers requires the relevant process. | Generally not restricted to the degree subject or a sponsoring employer. Licensing and other job-specific rules still apply. | Broad ability to work or change employers, subject to job-specific restrictions. |
| Time & uncertainty | OPT is generally up to 12 months; eligible STEM graduates may seek a further 24 months. Other conditions apply. | Time-limited status, employer requirements and cap rules where applicable. | Temporary work permission: validity, renewal and the underlying adjustment case matter. | Residence obligations continue; EB-5 conditions must be removed through I-829. |
Sources: eCFR · F-1 practical training and H-1B rules, 8 CFR 214.2(f), (h) · eCFR · employment authorisation, 8 CFR 274a.12(a)(1), (c)(9)
On application forms, answer work-authorisation and future-sponsorship questions based on your actual status and documents. A pending EB-5 petition is not a basis to say that you have unrestricted work permission.
Why plan beyond H-1B? Policy context and sources
A valid adjustment-based work permit generally lets you accept a job without H-1B sponsorship or cap selection. Permanent residence offers a longer-term basis to work.
H-1B remains a legitimate route. It usually requires a sponsoring employer and qualifying role, with annual limits for cap-subject cases. Universities and certain other employers may be cap-exempt.
Policy context · reviewed 17 October 2026
DHS’s final rule published on 29 December 2025 introduced wage-weighted selection, effective 27 February 2026. The current regulation gives higher wage levels more entries in the selection pool when selection is necessary. It does not bar all entry-level graduates.
For eligible EB-5 adjustment applicants, a valid adjustment-based EAD provides a separate basis for employment without an H-1B petition. Permanent residence offers a longer-term basis. Neither removes the need to compete for a role.
Sources: Federal Register · H-1B weighted selection final rule, 29 December 2025 · eCFR · F-1 practical training and H-1B rules, 8 CFR 214.2(f), (h)
Work restrictions and longer-term residence
A valid adjustment-based work permit generally allows work beyond F-1 practical-training restrictions. Permanent residence provides a longer-term right to live, study and work in the U.S. Some jobs require citizenship, security clearance or licensing.
Funding a student’s application
Use a parental gift
to fund an EB-5 application.
Students can use a genuine, lawfully sourced parental gift for their qualifying EB-5 investment. The student applies as the principal investor; the parent provides evidence of how the gifted funds were earned and transferred.
Gift documents, family inclusion and younger applicants
- 01 / PARENT
Show how the money was earned
Salary, business proceeds, property or another lawful source, supported by the relevant donor records.
- 02 / GIFT
Document the gift and every transfer
Record the donor, recipient, gift terms, ownership and the path through banks or intermediaries.
- 03 / STUDENT
Make the qualifying investment
The student’s petition must meet the same investment, job-creation and immigration requirements as any other EB-5 case.
Whose green card?
A student who is the principal investor may include an eligible spouse and qualifying children. Parents and siblings cannot join as derivatives on the student’s EB-5 application.
What if the student is under 21?
Being under 21 is a derivative-child rule, not a blanket deadline for a principal investor. For a minor investor, we coordinate a legal review of capacity, gift ownership and investment-document requirements.
Ask cross-border tax and banking advisers about gift reporting, foreign-exchange rules and remittance requirements before moving funds. A gift letter alone is not a complete source-of-funds file.
The educational opportunity
What changes at university
with a Green Card?
Study with a longer horizon
Permanent residence allows study without relying on F-1 student status. Families can plan education alongside residence and career goals. Admission standards, course requirements and professional qualifications still apply.
Explore internships and careers
Valid adjustment-based work permission or permanent residence can broaden employment choices beyond student practical-training restrictions. Check the authorisation in force before starting any placement, including an unpaid role.
Check tuition, university by university
A green card does not automatically mean in-state tuition, a domestic admissions category or a scholarship. State domicile rules, dependency, residence periods and the institution’s own policies govern. Ask the university for a written assessment.
Understand financial-aid eligibility
Permanent residents, including qualifying conditional permanent residents, may meet the eligible-noncitizen requirement for federal student aid. Other programme and financial criteria still apply. An EAD alone does not establish eligibility.
Free student & family preparation sheet
Five things to discuss with us.
The applicant, current status, study and work dates, funding, and the investment commitment. You can contact us before completing any checklist.
Open the complete student & family checklist
Use this checklist yourself or with your family before a consultation. No account, email address or document upload required.
Ticks stay only in this page and reset when you reload. Agree a secure document-sharing process with us for specialist review. Do not send documents through an initial enquiry.
0 of 9 reviewed
Clear answers before you invest
Questions students and parents ask.
Can planning start before the student moves to the U.S.?
Yes. We can coordinate gift documentation, project review and an individual legal assessment before study begins. A student outside the U.S. cannot use a U.S. adjustment application simply because they have a university offer. Discuss consular processing, timing and future student-visa implications before travel.
Is a Green Card required before starting work?
Not always. Existing authorised student employment may be available. Separately, an eligible adjustment applicant may receive an EAD while I-485 is pending. They must wait for valid permission covering the work; EB-5 filing itself is not permission.
Is the parent-funded route a way around India’s backlog?
No. A gift does not change country of chargeability, generally based on the student’s country of birth, or guarantee an available visa. Reserved and unreserved categories have different availability. Check the current bulletin and the USCIS filing chart, then obtain a case-specific assessment.
How do work permission and university fees change?
Valid work authorisation can remove the visa-sponsorship requirement for employment it covers. Employers make hiring decisions; universities apply their own admission, tuition and financial-aid rules.
How does Residency First help?
We work with students directly and with parents supporting an application. We remain your main point of contact, helping clarify study, work and residence goals and coordinating investment preparation, document requests and specialist reviews. One of our recommended attorneys provides the legal assessment and source-of-funds review. The agreed scope, fees and attorney engagement are set out before work begins.
Free consultation · no obligation
Discuss student EB-5
and work options.
Applying for yourself or supporting a student? Discuss current status, study dates, parental funding and eligibility for a work permit before EB-5 approval.
100% approval recordOur adjudicated EB-5 applications, to date.