F-1 Visas and EB 5

Question: What happens if an F-1 visa student files Form I-526, which is approved, followed by a Form I-829, which is denied?  Can the applicant still continue study in the U.S. in F-1 status?

Answer: F-1 status does not have dual intent, so that may cause some problems.  If someone becomes a conditional permanent resident through the EB 5 program (a prerequisite for filing the form I-829), he or she is no longer an F-1 visa holder.

Taken directly from USCIS EB 5 Immigrant Investor Program Quarterly Stakeholder Engagement on May 1, 2012.