On Sept. 6, 2025, the U.S. Department of State announced a policy change requiring some nonimmigrant visa (NIV) applicants to apply for visas in their country of nationality or legal residence. While this development does not substantially alter how EB-5 immigrant visas are processed – since those are already handled in an applicant's country of citizenship or applicant's adjustment of status in the United States – the change carries important implications for EB-5 investors who also hold or rely on temporary nonimmigrant statuses, such as E-2 treaty investor or L-1 intracompany transferee visas. For more information on the implication to employee and employers, please refer to a previous GT blog post.
This change is particularly important for EB-5 applicants who maintain an underlying nonimmigrant visa while their EB-5 petition or adjustment of status (AOS) is pending.
- Renewals and travel: E-2, L-1, or other nonimmigrant visa holders will no longer have the flexibility to apply for renewals in third countries with shorter wait times. They must now apply at their home or residence consulate, where delays and backlogs may be significant.
- Advance Parole (AP) considerations: Some EB-5 applicants may rely on AP for international travel during the AOS process. While AP provided convenience, it carries the risk that if the EB-5 petition or AOS is denied, the applicant will have lost their underlying NIV status, leaving them without lawful options to remain in the United States.
- Increased planning needs: The inability to "forum shop" for faster appointments means longer lead times and more careful coordination may be required for business and personal travel.
Practical Considerations for EB-5 Stakeholders
- Plan visa renewals early: Applicants should anticipate longer wait times at home-country consulates and consider securing appointments as far in advance as possible
- Maintain back-up status: Where feasible, applicants may wish to preserve underlying nonimmigrant status even if AP is available.
- Evaluate risk tolerance: Applicants should consider the trade-offs between using AP and maintaining NIV status during the prudency of an EB-5 petition.
- Coordinate with counsel: Given the higher stakes, EB-5 investors should work with immigration attorneys to map out renewal and travel strategies.
Bottom Line
For EB-5 immigrant visa applicants, the new policy brings little direct change. But for those who hold E-2, L-1, or other nonimmigrant statuses while awaiting EB-5 adjudication, the rule may limit flexibility and increase the need for advance planning. Carefully weighing the risks of AP versus NIV renewals and building in time for consular delays might help EB-5 investors safeguard their status and investment journey.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
