EB-5 Q&A: How can an investor reapply for EB-5 after a failed investment?



Since you are physically present in the United States as a conditional permanent resident, you are unable to change to a non-immigrant visa, i.e. F-1.


If you are unable to obtain your legal status in the United State, you have to return to your home country and wait for the new I-526 to be approved.   However, before deciding to leave, check with an attorney to see what other opportunities may be available to you.