Answer:
A B1 visa is a nonimmigrant visa for persons who want to enter the US temporarily for business. You must demonstrate that you plan to remain for a specific limited period of time for business of a legitimate nature, and you have a residence outside the US in which you have no intention of abandoning. Evidence of additional binding ties will ensure you return to your country abroad at the end of the visit. With a pending EB-5 petition, it does become more difficulty to persuade the consulate officer that you will timely return to your country, but it does not automatically bar you from travel to the US.
If the business was begun after 1990, you can retroactively apply for EB-5 by showing that you have invested $1 million in a new commercial enterprise and the investment created at least 10 full time jobs.
