Short answer: Taiwanese passport holders can enter the US visa-free on ESTA for up to 90 days at a time. But visa waiver entrants give up the right to change status inside the US, so they generally can’t file an EB-5 I-485 there. To file concurrently in the US, you need lawful non-immigrant status, such as a student visa.
ESTA vs an immigrant visa
| ESTA (visa waiver) | Immigrant visa (EB-5) | |
|---|---|---|
| Purpose | Tourism, short business trips | Immigration |
| Stay | Up to 90 days per visit | Permanent residence |
| Work and study | Not allowed | Allowed |
| Change status in the US | Generally not | Not applicable |
What this means for EB-5
- Entered on ESTA: generally use consular processing at AIT, not a concurrent I-485.
- Children in the US on student visas: if numbers are available, they can file I-485 concurrently and get work permits while waiting.
- While the I-526E is pending: you can still visit on ESTA, for example to see the project, but state your plans truthfully and don’t work.
Common misunderstandings
- “Enter visa-free, then do the green card in the US”: generally not possible.
- “Leave after 90 days and come straight back”: frequent long stays can suggest you actually live in the US.
- “Filing the I-526E lets me work in the US”: no — you need a green card or work permit.
Our advice
When family members are split between Taiwan and the US, plan each person’s route — for example children studying in the US file concurrently while parents go through AIT. As of October 2026.