Recently, a long-time friend and partner of WorldWay, the renowned U.S. law firm Greenberg Traurig (GT Law), issued an important reminder to investment families who are considering or have already initiated their EB-5 applications and adjustment of status regarding changes to U.S. F-1 student status rules.
The following is the main content shared by the GT Law legal team:
The U.S. Department of Homeland Security recently issued a rule eliminating the "Duration of Status" (D/S) for F-1 students, J-1 exchange visitors, and certain other non-immigrant categories.
This rule is scheduled to take effect on September 15, 2026.
Under the new regulatory framework, F-1 students will no longer be admitted to stay in the U.S. for the duration of their academic programs, but will instead be granted a fixed expiration date on their Form I-94.
This change makes careful monitoring of immigration timelines even more critical. Moving forward, F-1 students will need to track not only academic program dates, Form I-20 validity, and OPT timelines, but also the expiration date listed on their Form I-94. If additional time is needed in the U.S. beyond the I-94 expiration date, students may need to file an application for extension of stay with U.S. Citizenship and Immigration Services (USCIS) or pursue other appropriate immigration strategies.
For applicants preparing to file an EB-5 application and adjust status, this change highlights the importance of advance planning and careful time management. Filing an EB-5 application (Form I-526E) does not provide temporary immigration status or authorization to remain in the U.S. Students must continue to maintain valid F-1 status or other lawful status until an application for adjustment of status (Form I-485) is filed.
For clients with pending EB-5 applications, it remains important to continue tracking F-1 status, including I-94 expiration dates, I-20 validity, OPT authorization dates (if applicable), and any other relevant immigration deadlines. If any dates are approaching expiration, or if there are changes in academic status, OPT changes, job changes, or international travel plans, please be sure to notify the legal team in advance so that appropriate response strategies can be assessed in a timely manner.
Once a properly completed application for adjustment of status (Form I-485) has been filed, applicants are generally considered to be in a period of authorized stay while the application is pending with USCIS. However, depending on the specific circumstances of the case, whether to continue maintaining the original F-1 status remains a key consideration.
It is particularly important to note that GT Law is continuing to evaluate the interaction between this new rule and the May 2026 policy memorandum from USCIS regarding the adjudication of adjustment of status. This guidance presents additional considerations regarding how USCIS evaluates the timing and circumstances of adjustment of status applications. Therefore, in some cases, maintaining F-1 status during the pendency of an adjustment of status application may have significant strategic value and risk management implications.
Accordingly, GT Law advises clients to:
• Closely monitor I-94 expiration dates, I-20 validity, OPT authorization dates (if applicable), and other relevant immigration timelines;
• Be sure to notify the legal team in advance of any expiration dates, changes in academic status, OPT developments, job changes, or planned international travel;
• Consult with the professional team before allowing F-1 status to lapse or changing their current immigration strategy.
GT Law is continuing to analyze the aforementioned policy changes and their practical impact on EB-5 investors, and will provide further professional guidance as more information is released by USCIS and as the implementation of the new rule progresses.
Greenberg Traurig (GT Law) was established nearly 60 years ago and has 49 offices in 15 countries worldwide, with over 2,850 lawyers, making it one of the largest law firms in the United States. From 2008 to 2025, it ranked first in the number of lawyers listed in The Best Lawyers in America. GT Law's Immigration & Compliance practice has been recognized as the best immigration practice in the U.S. by Chambers USA for consecutive years from 2013 to 2024!
GT Law is also a long-term partner of WorldWay. Over the years, both parties have maintained close communication regarding U.S. immigration policy, EB-5 investment immigration, and client status planning. The GT Law legal team has also visited WorldWay multiple times to share U.S. immigration policy updates and professional legal advice with investment families.
WorldWay will continue to monitor the development and implementation of relevant policies with the GT Law legal team and will share follow-up information with investors and families studying in the U.S. in a timely manner.
WorldWay Observation:
As status management tightens, EB-5 planning requires earlier action
For international students in the U.S. and their families, this rule change once again demonstrates that relying solely on temporary statuses such as F-1 or OPT may require facing stricter time management and status transition requirements in the future. Especially at critical junctures such as the end of studies, OPT expiration, job changes, or international travel, any mishandling of any link could affect subsequent arrangements for staying in the U.S.
Compared to temporary status paths that rely on schools, employers, or lotteries, EB-5 can provide a relatively independent U.S. permanent status planning channel for eligible families. Under the current policy environment, which includes reserved visas for rural projects, priority processing, and allowing "concurrent filing" for applicants who are in the U.S. with legal status and have no visa backlog, starting planning early helps secure more initiative for children's education, career development, and long-term family arrangements in the U.S.
At the same time, the minimum EB-5 investment amount will also increase from $800,000 to $900,000-$950,000 or more on January 1, 2027. This also means that the current $800,000 investment threshold has entered an important planning window.
Currently, WorldWay holds two high-quality EB-5 projects: "Deer Valley · Snow Ridge Mansion" and "Marriott · Royal Lake Bay Resort", providing a rare opportunity for investment families to seize the current $800,000 investment window. Quotas for high-quality projects are limited; families intending to plan for U.S. status should seize the time, start their applications as soon as possible, and take advantage of the policy window.
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