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EB-5 State of Play: What Recent Changes Mean for International Students and Other Immigration News

by Lindsay Schoonmaker
Jul 11, 2025

In this special Investment Immigration Conversations Q&A session, Carolyn Lee and I discussed updates on international students and other investment immigration news in the wake of recent developments.  See below the recording and a summary of key updates and takeaways.

Just a few days before our webinar, on June 18, 2025, the U.S. Department of State reinstated in-person visa interviews for F-1 applicants, which had been suspended since May 27, 2025 (read more here). While this is a welcome development, applicants should anticipate slower processing times due to the enhanced screening process.  

This update was one of several recent developments reflecting a period of heightened uncertainty for international students, although many of these concerns have been addressed through successful litigation and subsequent reversal or improvement in policy.  

Earlier in mid-April, students experienced unexpected SEVIS record terminations and F-1 visa revocations, which can leave a student effectively out of status. Since then, several courts have issued temporary restraining orders and injunctions requiring the government to reinstate SEVIS records (read more here).  

More recently, on a positive note, on June 23, 2025, U.S. District Judge Burroughs upheld a temporary injunction blocking the Administration’s attempt to bar Harvard University from enrolling international students, a ban that had first been halted on June 5 with a temporary injunction (read more here). 

Along with reinstating visa interviews, under Executive Orders 14161 and 14188, the U.S. State Department has also implemented stricter screening measures, which may include the following: 

  • Mandatory public social media access, meaning applicants must now make their social media profiles public so officers can assess the content; 
  • Increased online vetting, where officers may review digital activity beyond social media; 
  • Temporary refusals under INA 212(g), even for qualified applicants, to allow for expanded vetting as part of standard review procedures;  
  • One officer and no set timelines for review, resulting in the same officer now overseeing both the interview and the vetting process, taking as long as they deem necessary to complete it, potentially causing significant delays; and 
  • Potential device searches when entering the U.S. You are welcome to email us to learn more about what this can look like and how to best protect your data. 

  • Review your digital presence beyond social media; 
  • Review your electronic devices before entering the U.S., limiting what is physically saved to the phone and logging out of any cloud-based systems; 
  • Plan for potential F-1 visa processing delays due to enhanced screening procedures; 
  • Monitor your SEVIS record; 
  • Consider the EB-5 program and take advantage of adjustment of status (AOS) concurrent filing, if eligible; and 
  • Secure legal guidance to help navigate the uncertainty of the changes and prevent avoidable setbacks. Our team is here to help navigate the uncertainty.  

While news headlines may at times suggest otherwise, the United States continues to welcome international students. The recent changes do not prevent students from pursuing their dreams and aspirations in the U.S., but they do require careful planning and legal awareness. The key is to be informed and to act early. 

For students exploring a stronger and long-term path to residency, the EB-5 program remains one of the best solutions for immigrating to the United States. 

Considering the recent challenges and uncertainty about what the future may hold, the EB-5 visa, especially when combined with concurrent AOS, offers a solid immigration strategy for international students wishing to remain in the United States after graduation.  

With the implementation of the 2022 Reform and Integrity Act (RIA), F-1 students can now concurrently file their I-526E and I-485 applications, which allows them to stay in the United States lawfully, obtain work authorization (EAD), and receive advance parole for travel, without relying solely on their F-1 visa. This legal approach helps reduce the risks associated with policy changes impacting student visas and offers greater flexibility for students as they pursue their academic and career aspirations. 

During our webinar, we also briefly discussed the new Gold Card website, which implies the program is coming, and the EB-5 visa backlog, with Carolyn Lee sharing an appreciation for fully analyzing and understanding the data we have so clients can prepare for the decisions they will need to make. For an in-depth discussion on the visa backlog, we recommend watching the May 30, 2025, “Immigration Conversations with Carolyn Lee and Suzanne Lazicki” here, and the following additional resources: 

For follow-up questions, as always, you are welcome to email our team at contact@carolynleepllc.com.  

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