Globevisa details EB-5 concurrent filing for F-1, OPT and H-1B holders

Globevisa Group says eligible U.S.-based investors can file EB-5 and green card adjustment applications at the same time while EB-5 reserved categories remain current. The guidance focuses on EAD and Advance Parole timing, H-1B and OPT transition risks, and age-out planning for children.

Why it matters: - F-1 students, OPT workers and H-1B holders face tight deadlines to maintain status while planning for permanent residence. - EB-5 concurrent filing can let eligible U.S.-based applicants move toward a green card without waiting abroad, as long as the Visa Bulletin shows the relevant category is current. - The approach can also affect work authorization, travel planning and whether dependent children risk aging out.

What happened: - Globevisa Group released guidance on EB-5 concurrent filing for U.S.-based F-1, OPT and H-1B applicants. - The Singapore-based consulting firm said eligible applicants can file Form I-526E and Form I-485 together under the EB-5 Reform and Integrity Act of 2022 when no visa backlog exists. - Globevisa said applicants may also file Form I-765 for an Employment Authorization Document and Form I-131 for Advance Parole after the I-485 filing. - As of September 2026, the State Department’s Visa Bulletin shows the EB-5 Rural, High Unemployment and Infrastructure reserved categories as current.

The details: - F-1 students typically get up to 12 months of Optional Practical Training after graduation, and STEM OPT can add 24 more months. - H-1B status is employer-tied, includes a lottery process, and generally gives unemployed workers up to 60 days to find new work, subject to individual authorization rules. - Globevisa said the U.S. government is still adjusting H-1B policy in 2026, including a proposal that employers pay a $103,000 application fee for certain H-1B applicants. - H-1B workers can pursue EB-2 or EB-3 green cards through employer sponsorship, but wait times depend on country of birth, priority date and visa availability. - As of September 2026, retrogression continues for mainland China-born and India-born applicants in EB-2 and EB-3. - Globevisa said EAD and Advance Parole approvals often take several months and depend on the case and USCIS processing speed. - An approved I-485-based EAD is not limited to the F-1 OPT framework or H-1B employer sponsorship, but work still must follow EAD conditions. - Leaving the U.S. before Advance Parole is approved can cause an I-485 to be treated as abandoned, though limited exceptions may apply for some applicants who keep valid non-immigrant status. - Globevisa said F-1 and OPT applicants should assess immigrant intent case by case and prepare source-of-funds and path-of-funds documentation early. - H-1B holders can use the visa’s dual-intent feature to pursue immigrant status while staying compliant. - Eligible spouses and unmarried children under 21 can be included as derivative applicants and may qualify for their own work authorization. - For children nearing age 21, Globevisa said families should run a Child Status Protection Act age calculation early. - CSPA analysis depends on visa availability, the Final Action Dates chart and the “seek to acquire” requirement. - Industry views differ on whether a child’s age locks when the I-485 is filed or when the I-526E is approved.

Between the lines: - The guidance frames EB-5 as a planning tool for people whose non-immigrant status timelines are becoming harder to manage. - The biggest practical risks are timing gaps: visa availability, processing delays and travel before Advance Parole approval. - For families, the age-out issue can matter as much as the investment itself because derivative eligibility may determine whether a child can stay in the same immigration plan. - Globevisa is positioning compliance, source-of-funds preparation and family strategy as the core of EB-5 planning, not just the capital commitment.

What's next: - The EB-5 minimum investment thresholds are scheduled to adjust on January 1, 2027 under the CPI-U mechanism. - Under current law, the standard minimum EB-5 investment is $1.05 million, while TEA and infrastructure minimums are $800,000. - The Regional Center Program is currently authorized through September 30, 2027. - Applicants considering EB-5 concurrent filing will need to keep watching the Visa Bulletin, USCIS processing times and any H-1B policy changes.

The bottom line: - Globevisa’s message is that EB-5 concurrent filing can create a faster bridge from temporary status to permanent residence, but only for applicants who have current visa availability, careful timing and strong documentation.