EB-5 Guide
EB-5 Concurrent Filing Guide
Quick read
Risk & Legal
EB-5 Concurrent Filing Risks:
The New AOS Memo & B1/B2 Scrutiny
USCIS has dramatically increased discretionary scrutiny for Adjustment of Status (AOS) applications. Concurrently, Consulates are aggressively revoking B1/B2 visas for suspected "dual intent". Here is what every non-immigrant EB-5 investor must know.
90 DaysCrucial entry intent benchmark
75Countries under visa freeze
Form I-485Subject to discretionary review
214(b)Denial code for dual intent
EB5Visa.io Editorial TeamJune 26, 20268 min readAttorney Reviewed
Risk Assessment
Are You At Risk Under the New Directive?
The updated policy memorandum specifically targets applicants entering the U.S. on a single-intent visa with the "preconceived intent" to file for permanent residency. Test your exposure below.
Are you at risk under the new AOS Policy Memo?
Are you currently in the U.S. on a single-intent non-immigrant visa (e.g., F-1, B1/B2, TN, O-1)?
Deep Dive
The Three Pillars of Current Scrutiny
The immigration landscape shifted rapidly in late May 2026. Explore the nuances of the AOS Policy Memo, the Consular B1/B2 crackdown, and the 75-Country immigrant visa freeze.
In late May 2026, USCIS issued an updated policy directive instructing officers to place greater emphasis on discretionary factors when adjudicating Form I-485 (Adjustment of Status) applications. For EB-5 investors adjusting from single-intent visas, this introduces significant subjective risk.
Preconceived Intent
Entering on a temporary visa (like B1/B2) when the true objective was always permanent residency. If proven, this leads to immediate I-485 denial for fraud.
The 90-Day Rule
If you file an I-485 or engage in activities inconsistent with your visa type within 90 days of entry, the State Department presumes willful misrepresentation.
Discretionary Denial
Even if eligible, the new memo directs officers to use discretion. Actions violating the spirit of the non-immigrant visa can outweigh the eligibility of the EB-5 petition.
Status Guide
EB-5 Concurrent Filing by Visa Type
How the Reform and Integrity Act (RIA) concurrent filing provisions interact with your current non-immigrant status.
F-1 Student
Strict ScrutinyF-1 is strictly single-intent. Filing I-485 shows immigrant intent. Ensure any concurrent filing happens well after 90 days of entry and consult counsel to avoid violating F-1 status.
H-1B / L-1
Dual Intent AllowedH-1B and L-1 visas explicitly allow "dual intent." You can enter the U.S. on an H-1B and immediately file an EB-5 concurrent petition without violating your non-immigrant status.
B1 / B2 Tourist
High Risk (Visa Fraud)Entering with preconceived intent to file an I-485 is visa fraud. Even if intent changes after entry, filing within 90 days triggers a presumption of misrepresentation.
E-2 Investor
Complex ScrutinyE-2 requires temporary intent, but an immigrant petition (I-526E) alone may not automatically violate it. However, filing I-485 demonstrates immigrant intent. Advance planning is crucial.
Crucial Legal Disclaimer
Attempting to use a B1/B2 tourist visa as a bridge to enter the U.S. and file an EB-5 I-485 petition constitutes visa fraud. If USCIS determines you misrepresented your intent at the border, you face permanent inadmissibility to the United States. Never make travel or filing plans without direct counsel from a licensed U.S. immigration attorney.
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