EB-5 Dual Intent: Working and Studying While Your Petition Is Pending

Filing an EB-5 petition is an explicit statement of immigrant intent. The investor is telling the U.S. government that they wish to become a permanent resident. But what happens in the months or years between filing the I-526E petition and actually receiving the green card? Can the investor continue to work? Can they study? Can they travel internationally and reenter the United States? The answers depend on a concept that sits at the foundation of U.S. immigration law: dual intent. Understanding how dual intent works, which visa categories permit it, and how EB-5 filing interacts with an investor's current immigration status is essential for anyone navigating the EB-5 process while living in the United States. This article provides a comprehensive analysis of dual intent as it relates to EB-5 investors, covering work authorization, travel, status maintenance, and the strategic decisions that arise during the often lengthy period between petition filing...