F-1 Visas and EB-5

Q: 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?

A: 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.