From OPT to EB-5: How International Students Can Become Permanent Residents in the U.S.

International students are facing a significant challenge in continuing their careers in the United States due to the difficulty of obtaining the H-1B work visa after completing OPT, which currently has an acceptance rate of only 10% among applicants. How can the EB-5 Program help you solve this issue? We’ll explain it at BAI Capital.

For international students in the United States, the Optional Practical Training (OPT) program offers the opportunity to gain practical work experience in their field of study.

This type of visa allows temporary work in the U.S., but its duration is limited. As the end of this period approaches, it’s common to seek alternatives that extend their stay and open doors to new professional opportunities.

This experience not only strengthens their professional skills but also increases their chances of employment after graduation.

However, once the OPT period ends, many students face uncertainty about their career prospects and the possibility of staying in the country. For many, the big question becomes: What happens after OPT?

A viable solution for achieving permanent residency in the U.S. is through the EB-5 Immigrant Investor Program. This program allows foreign nationals to obtain a Green Card by investing in a U.S. business.

In this context, the EB-5 path provides international students with the opportunity to secure their future in the country without needing a job offer.

What is OPT and the STEM OPT Extension?

OPT is a temporary work authorization for international students who hold an F-1 visa and allows students to work in their field of study for up to 12 months.

This period can be used before or after graduation, but students must apply within specific deadlines (up to 90 days before or 60 days after the end of their academic program).

However, for students graduating in STEM fields (science, technology, engineering, and mathematics), there is an additional 24-month extension, known as STEM OPT.

This extension allows these students to work for up to 36 months in total, providing more time to gain work experience in U.S. companies. Now, let’s talk about the EB-5 Program.

What is the main advantage of the EB-5 Program for students?

The EB-5 Program was created to attract foreign investment into U.S. businesses. Through it, investors and their immediate family members (spouse and children under 21) can obtain permanent residency in the U.S.

To qualify, the investor must make a minimum investment of $1,050,000 in a new commercial enterprise in the U.S. However, if the business is located in a “targeted employment area” (TEA), the minimum investment is reduced to $800,000.

Currently, BAI Capital is developing the Archer Place project, located across from the University of Florida, which qualifies for the minimum investment under the EB-5 Program. Learn more about BAI Capital’s EB-5 TEA project here.

These zones are typically located in regions with high unemployment rates or rural areas and aim to promote job creation.

The main advantage of the EB-5 program for international students is that it does not require a job offer or employer sponsorship, unlike the H-1B visa. Additionally, it is not subject to lotteries or annual visa caps, reducing the risk and uncertainty associated with other work visas.

How to Transition from OPT to Permanent Residency via EB-5

The process of transitioning from OPT (Optional Practical Training) to Permanent Residency (Green Card) through the EB-5 Program involves several important steps that require strategic planning, financial resources, and compliance with the program’s legal requirements. Below is a detailed breakdown of the process:

1. Understand the EB-5 Program requirements

Before starting the process, it’s crucial to understand the program’s basic requirements:

• Minimum investment: $800,000 USD if investing in a Targeted Employment Area (TEA) or $1,050,000 USD outside a TEA.
• Job creation: The investment must create at least 10 full-time jobs for U.S. workers. In BAI Capital projects, we take full responsibility for meeting this requirement without any action required from the investor.
• Source of funds: The funds used for the investment must be lawful and properly documented.

2. Evaluate financial eligibility

OPT is designed for international students, and transitioning to EB-5 requires a significant investment. It’s important to:

• Ensure you have the necessary financial resources.
• Consult with a financial advisor to structure the funds in a way that complies with USCIS transparency requirements. At BAI Capital, we offer free guidance to help achieve this goal safely.

3. Find a suitable EB-5 project

The next step is to find a project eligible for the EB-5 Program.

• Regional Center projects: Investing through an approved Regional Center can be more convenient, as it simplifies job creation requirements.
• Direct projects: These involve more responsibility in creating and documenting jobs but may offer greater control over the investment.
• Archer Place is USCIS-approved as an EB-5 project and is also located in a TEA area, making it eligible for the minimum investment of $800,000.

4. Gather the required documentation

To file the I-526E petition (the initial application for EB-5), you’ll need to gather documentation that includes:

• Proof of the source of funds (income, lawful loans, documented gifts, etc.).
• Identification documents (passport, previous visas, etc.).
• Investment contracts and details of the selected project.
• Evidence of the projected job creation by the chosen project.

5. File the I-526E petition

Your immigration attorney will submit the I-526E form to USCIS. This form demonstrates:

• That the investment meets the program requirements.
• That the funds were obtained and transferred lawfully.
• That the project will meet the job creation criteria.

Estimated timeline: Approval can take between 12 and 36 months, depending on the case and the applicant’s country of origin.

6. Maintain legal status while waiting for approval

While the I-526E is pending, it’s crucial to maintain a legal status in the U.S. as an OPT holder. This can be done by:

• Extending the OPT, if eligible (e.g., STEM OPT extension).
• Switching to another visa status, such as H-1B, if necessary.

7. Apply for conditional residency

Once the I-526E petition is approved, the investor can apply for conditional residency by:

• Filing the I-485 form if the applicant is in the U.S. under a valid legal status.
• Consular processing if they are outside the U.S.

Conditional residency: Lasts for two years and allows the investor to live, work, and travel freely within the U.S.

8. Remove the conditions on the Green Card

Before the conditional residency expires, the applicant must file the I-829 form to demonstrate that:

• The investment remains active.
• The required jobs have been created.
• The project complies with the program terms.

Outcome: If the I-829 form is approved, the investor receives permanent residency.

In conclusion, for international students looking to stay in the United States beyond their OPT period, the EB-5 Program offers an attractive and viable solution for achieving permanent residency. This program not only removes the limitations of work visas like the H-1B but also provides a secure and direct pathway to obtaining a Green Card.

From securing adequate funds to selecting the right investment project, each step of the process is crucial for success. Thoroughly documenting the source of funds and meeting all legal requirements are fundamental aspects to avoid setbacks and ensure a smooth transition.

Beyond the legal benefits, the EB-5 opens up unlimited professional and personal opportunities. It allows investors and their families to build a future in the United States, with the freedom to live, work, and study anywhere in the country.

While transitioning from OPT to EB-5 may seem challenging at first, having the right guidance from immigration and financial planning experts can make all the difference. For international students determined to secure their place in the United States, the EB-5 is more than just an investment—it’s a commitment to a stable and promising future.

Investing in BAI Capital is investing in the United States

With a presence in the real estate sector in the states of Florida, Texas, and New York, BAI Capital specializes in generating value from land acquisition to the development of mixed-use projects, such as student housing and multifamily rental buildings with mixed-use spaces, including apartment buildings and retail (commerce-restaurant).

Our mission is to safeguard the capital of our partners and our own capital with minimal risk exposure. We ensure secure development by going through all the stages: land acquisition, urban zoning adjustments, commercial vision in architectural development, and management of building permits. We then take charge of the capitalization, construction, and exit strategy, with the return of capital and profits to our partners, guaranteeing better returns than those offered by the market.

In this way, we ensure fixed and stable returns for our client portfolio. Additionally, we operate under a confidential work protocol with encrypted web forms, protected personal data, and private meetings with our agents in the United States, Latin America, Europe (Italy), and Asia (Vietnam).

You already learned how international Students Can Become Permanent Residents in the U.S. If you’re ready to explore the EB-5 pathway and turn your dream of a Green Card into reality, please complete our form and an agent will contact you.