Smart Travel Strategies for EB-5 Investors

In today’s dynamic immigration landscape, even the most straightforward travel plans can quickly become complicated—especially for prospective EB-5 investors and Green Card holders. That’s why CanAm’s CEO of Investor Services, Pete Calabrese, recently sat down with immigration attorney Matt Galati of The Galati Law Firm to discuss practical tips and legal insights to help investors prepare for smooth international travel.

Whether you’re already a U.S. permanent resident or still waiting on your petition approval, understanding the rules and planning ahead can make all the difference.

Travel Risks Are Low—But Preparation Is Key

Galati began by reassuring viewers that “99.999% of people that we’ve represented… have not noticed a major change [at the border] over the past five months,” despite recent news coverage of heightened immigration scrutiny. Still, both Galati and Calabrese agreed that preparation is critical.

“If you were going to another country,” Calabrese said, “it’s never advisable to break the law and just think, ‘Well now I’ll just be fine.” Investors must travel with the proper documentation and demonstrate they are acting in good faith, regardless of visa category.

Visa Categories and Their Travel Implications

Galati broke down travel guidelines for several common visa holders:

• Visitor Visas (B-1/B-2): “It is incredibly important that you’re coming to actually visit,” as opposed to engaging in employment, Galati said. Misrepresenting your purpose at the border can lead to serious issues. For prospective investors, a B-1 visa can sometimes be used to visit a project site before committing to invest. Carrying a “pocket letter” from your attorney can help clarify your intentions if questioned.
• H-1B Visa Holders: This group represents the largest share of U.S.-based EB-5 investors in recent years. “The majority of those people are Indian,” said Galati, “because of backlogs in other categories.” These travelers should carry approval notices, pay stubs, and other proof of ongoing employment.
• F-1 Student Visas: Students must be especially cautious. “If you miss too many days of classes, then the SEVIS record could be canceled,” Galati warned. Any long absence—such as for a family emergency—must be coordinated with the school’s DSO (Designated School Official).

Green Card Holders: Know the Residency Rules

The Green Card offers tremendous flexibility—but it also comes with responsibilities.

“The United States… generally wants to see more ties to the U.S. than any other country in the world,” Galati explained. “And they also generally want to see more time spent in the U.S. than any other country in the world.”

While many believe they can retain their Green Card by entering the U.S. only every six months, Galati clarified that’s a myth: “It is very subjective… Whether you’re gone for 10 years or 10 hours, an officer still has the ability to question you” relevant to your absences abroad and your intent.

To minimize risk:

• Avoid absences longer than six months.
• Do not exceed 183 days outside the U.S. in any year.
• Avoid being abroad for 12 consecutive months, or your Green Card may be deemed abandoned / invalidated.

Reentry Permits: A Valuable Tool for Long Absences

That being said, for those needing extended time outside the U.S., Galati strongly recommended applying for a reentry permit, which can allow up to two years of uninterrupted absence.

“With a reentry permit in hand, you’re able to be outside the United States for the entire duration of the permit,” he said. The permit must be applied for while physically in the U.S., but it can be mailed to a U.S. attorney or a U.S. consulate abroad for pickup after adjudication.

Reasons to apply can be for any lawful purpose, but may include:

• Completing a business sale,
• Attending to a sick relative,
• Pursuing academic opportunities abroad.

Smart EB-5 Family Planning: Who Should Be the Investor?

In a particularly insightful segment, Galati and Calabrese discussed the strategic decision of who in the family should be the primary EB-5 petitioner.

“If mom is the CEO of a successful company abroad and dad plays a lot of PlayStation,” Galati joked, “then maybe dad should be the investor.” The key point: the principal investor must be the one who maintains U.S. residence. Other family members, including the spouse, can follow to join later—even years down the line.

This flexibility can be especially helpful for families with staggered relocation plans. “There are things that are controllable and things that are not,” Calabrese emphasized. “Making the right decision from the outset can simplify things dramatically down the road.”

When to Consult an Attorney

Although more immigration information is available online than ever before, both speakers cautioned against relying on DIY approaches.

“You can be handy with a toolbox, but you’re not going to do your own electrical work,” Calabrese said. Galati added, “One of the things about hiring an immigration attorney is that they can provide a range of services—pocket letters, representation at the border, prep for interviews.”

Galati stressed the need for professional guidance, especially in cases involving complications, like a past DUI. “You need to be prepared on how to answer those questions truthfully, but also in a way that is not going to create additional problems for you.”

Final Thoughts: Plan Ahead and Choose the Right Partners

In closing, both Calabrese and Galati reiterated the importance of advance planning and partnering with the right professionals.

“As Pete said, this is no different from any other part of the EB-5 process,” Galati noted. “Proper planning can make your experience smoother, less stressful, and ultimately more successful.”

“EB-5 remains a great option,” Galati concluded. “It is far more stable now… and with proper planning, 90% of our clients can still do what they want to do abroad.”

For EB-5 investors, the message is clear: success doesn’t stop after investing—it continues with every well-prepared step along the journey.

Dive Deeper Into EB-5:

• Navigating a Changing Immigration Landscape – Why the EB-5 Visa Offers Stability for F-1 Students
• Navigating U.S. Immigration: Comparing L-1A, H-1B, and F-1 Visas to EB-5
• Unlocking the EB-5 Visa: Choosing the Right Regional Center and Mitigating Risks

This article and its attached video is for general informational purposes only and should not be construed as or relied upon as legal advice. If you wish to receive advice specific to your circumstances, contact a licensed immigration attorney for any advice relating to EB-5 immigration or travel to the U.S. as a foreign national.