EB5AN is pleased to announce a significant milestone in our Twin Lakes Rural EB-5 project. A recent EB-5 investor in Twin Lakes received an employment authorization document (EAD) in a record-breaking 88 days after submitting his I-526E petition. Click here to view the USCIS EAD approval. This achievement demonstrates that EB-5 investors already living in the United States can obtain an EAD in a matter of days—not years—after submitting their EB-5 petitions with USCIS. In the past, the process of obtaining an EAD could be time-consuming for EB-5 investors.
The EB-5 Reform and Integrity Act of 2022 (the “RIA”) has made this possible by allowing non-immigrant visa holders to adjust their immigration status immediately upon submitting Form I-526E.
In this article, we explain how EB-5 investors can secure an EAD in a matter of days through the EB-5 program.
How EB-5 Investors Can Get an EAD in Just Days
Benefits of Adjusting Immigration Status Through An EB-5 Investment
How Indian and Chinese Investors Can Get an EAD Quickly
Get an EAD Quickly With EB5AN
How EB-5 Investors Can Get an EAD in Just Days
After making an EB-5 investment in a U.S. commercial enterprise, the first step for an EB-5 investor is to submit Form I-526E. This is the initial application for an EB-5 Green Card and serves as proof that a qualifying investment has been made.
The recent introduction of the RIA has brought significant changes to the application process for EB-5 investors. Under the RIA, EB-5 investors can now submit Form I-526E at the same time as Form I-485.
Form I-485 is used by holders of non-immigrant U.S. visas, such as H-1B, EB-2, F-1, J-1, and others, to adjust their immigration status.
By filing the I-526E and I-485 forms simultaneously, the immigration status of the EB-5 investor is immediately adjusted to “pending.”
This concurrent filing of forms is a game-changer for EB-5 investors, as it significantly reduces the waiting time for obtaining an EAD. With their immigration status now set to “pending,” these investors can apply for an EAD without delay. The EAD allows foreign nationals to work legally in the United States while their Green Card application is being processed.
Benefits of Adjusting Immigration Status Through An EB-5 Investment
Many non-immigrant visa holders in the United States, particularly those in the H-1B category, face strict limitations concerning their job position or academic enrollment. For instance, if an H-1B visa worker is laid off, they have a very limited timeframe to find another qualifying job or face the prospect of leaving the United States. Similarly, an EB-2 visa holder may also need to leave the country if they pursue a different career path from their EB-2 business or violate the visa’s travel restrictions.
In numerous cases, non-immigrant visa holders nearing their expiration date wish to obtain a permanent Green Card to stay in the United States.
Regardless of their employment status, academic enrollment, or other factors, individuals who make an EB-5 investment can live and work in the United States after filing the I-526 and I-485 petitions. Additionally, they will enjoy increased freedom to travel. Consequently, EB-5 investors can experience many of the benefits associated with a Green Card immediately after making their investment.
Chinese and Indian nationals make up a significant portion of non-immigrant visa holders in the United States. Numerous Indian H-1B and EB-2 workers may be interested in pursuing permanent Green Cards.
By opting for the EB-5 investment route, they can bypass some of the challenges and restrictions associated with other visa categories.
How Indian and Chinese Investors Can Get an EAD Quickly
India and China both face a backlog of EB-5 visa applications, causing investors from these countries to typically wait for several additional years to obtain their EB-5 Green Cards. This visa backlog for Chinese and Indian investors also prevents them from submitting the I-526 and I-485 petitions concurrently.
However, there are options available to these investors to avoid such delays and quickly acquire an EAD.
Under the RIA, Chinese and Indian investors can bypass the usual wait times. The RIA allocates 20% of the EB-5 visa supply to investors in rural projects, while an additional 10% is set aside for investors in urban projects. By investing in either project category, Chinese and Indian investors can obtain a “set-aside” EB-5 visa, avoid delays, and submit both Form I-526 and Form I-485. This streamlined process allows them to quickly receive an EAD and enjoy the benefits of living and working in the United States.
The RIA’s allocation of set-aside visas provides a valuable opportunity for Chinese and Indian investors to circumvent the backlog and lengthy waiting times associated with the traditional EB-5 visa process. By participating in qualifying rural or urban projects, these investors can secure their place in the United States more rapidly. This not only benefits the individual investors but also supports the growth and development of the regions in which they invest.
However, it is essential to note that there is a limited yearly supply of set-aside visas. This benefit will only be available to Chinese and Indian investors until the set-aside visa supply is exhausted. As of March 2023, both the rural and urban visa categories remain “current” for all countries on the Visa Bulletin. It is crucial for interested investors to act promptly to take advantage of this opportunity while it is still available.
Get an EAD Quickly With EB5AN
The EB-5 program offers a quick and efficient way for non-immigrant visa holders to obtain an EAD, allowing them to continue pursuing their career, academic, and personal goals in the United States without having to leave the country.
The recent success of our EB-5 investor in obtaining an EAD in record time demonstrates that EB5AN’s projects are best-in-class, with a 100% USCIS approval rate and numerous investors who have successfully completed the concurrent filing process.
For Chinese and Indian investors in particular, the set-aside visas provided by the RIA present a valuable opportunity to bypass the backlog and lengthy waiting times associated with the traditional EB-5 visa process. By investing in qualifying rural or urban projects, these investors can rapidly receive an EAD and start enjoying the benefits of living and working in the United States.
We invite non-immigrant visa holders to explore the EB-5 program as a means to secure their future in the United States. For more information about how to get an EAD in just days, schedule a free consultation with EB5AN and learn about the exceptional opportunities available through our projects.
