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PICKERING · EB-5 FIELD GUIDE

Can I stay in the United States until EB-5 is decided?

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THE DIRECT ANSWER

A pending investor petition alone does not grant an authorized stay. The answer depends on the person’s status, any other properly filed applications and applicable rules, which require individual review.

Resolve status deadlines before relying on the case

Provide counsel current admission and authorization documents and the intended activities during the waiting period. Discuss travel or a change in employment before taking action that may affect the route. Track the family separately.

Petition timing and visa availability remain uncertain, so an expiring temporary arrangement should not be assumed to last until the investment case reaches residence. Treat an approaching expiry as the deadline that governs, regardless of how the immigrant case is progressing. A pending investor petition grants no authorized stay, so the temporary position must be maintained on its own terms or lawfully changed, and that decision carries a date while the petition does not.

Provide counsel with current admission and authorization documents and a description of the intended activities during the waiting period. Discuss travel or a change of employment before acting, since either can affect the available route. Track each family member separately.

Petition timing and visa availability both remain uncertain, so nothing expiring should be assumed to last until residence is reached. Diarise each expiry independently of the petition.