Foreign investors can get permanent residency in the U.S. via the EB-5 program, which allows them to invest in a U.S. business in exchange for a Green Card. The minimum investment is $1.05 million, or $800,000 if the investment is made in a targeted employment area (TEA).
Depending on the investment category, EB-5 applications—like other employment-based visas—can take a long time to process. The duration mainly depends on the visa type and the investor’s country of origin.
While waiting for their visa to be processed, many foreign nationals need to maintain their ability to travel abroad. This is why, for EB-5 investors, an advance parole document becomes vital as it lets them travel outside of the U.S. without putting their immigration status at risk.
Advance parole (AP) is a travel document that EB-5 investors and other visa applicants need in order to travel abroad while their Green Card process is still pending. In this article, we will take a closer look at this travel permit so applicants can make informed decisions by understanding the application process, its benefits, and potential risks associated with advance parole.
Understanding the Advance Parole
Eligibility and Application Process
Benefits of Advance Parole
Risks and Considerations
Getting Expert Help
Understanding the Advance Parole
The United States Citizenship and Immigration Services (USCIS) issues advance parole documents. This travel document allows an EB-5 investor or a non-permanent resident to leave the U.S. and re-enter without legal consequences.
Many EB-5 investors choose to apply for advance parole. It lets them travel abroad for personal or work reasons without risking their EB-5 application.
Eligibility and Application Process
Historically, EB-5 investors became eligible to apply for advance parole upon filing their Form I-485, Application to Register Permanent Residence or Adjust Status. However, with the enactment of the EB-5 Reform and Integrity Act of 2022 (RIA), foreign investors that reside in the U.S. in valid nonimmigrant status can now file their I-526E and I-485 forms concurrently, and apply for an advance parole and work permit at the same time.
To apply for AP, investors must complete Form I-131 (Application for Travel Document). They must also provide other needed evidence. This typically includes a copy of their I-485 receipt notice, proof that their EB-5 application is still being processed, and any other supporting documentation. For eligible applicants, concurrent filing is recommended to avoid delays.
An EB-5 investor can also speed up their advance parole application by scheduling an INFOPASS appointment at a USCIS office. However, applicants must demonstrate exceptional circumstances—such as urgent business needs, severe family emergencies, or critical health issues—to speed up the advance parole process. USCIS might expedite advance parole applications if there are strong reasons that involve significant hardship.
With the recent processing times in the case of investments in rural EB-5 projects, though, EB-5 investors who file concurrently may not even need to apply for an emergency advance parole (EAP).
Benefits of Advance Parole
As mentioned above, EB-5 applicants who want to leave the U.S. while their application is being processed must obtain advance parole to re-enter. Otherwise, the investor risks the EB-5 application being abandoned or canceled. Aside from mitigating these risks, an AP document comes with other benefits, some of which are listed below.
Flexibility to Travel
The freedom to travel outside of the U.S. is one of the benefits of AP for EB-5 investors. Investors who have to take care of personal or business matters in their home countries will benefit greatly from this. However, staying abroad for an extended period of time can still raise questions about an investor’s immigrant intent and impact the continuous residence requirement for lawful permanent residency, so it’s best to maintain proof of ties to the U.S. (like property, community or family connections, financial ties, etc.).
Maintaining Immigration Status
In the absence of advance parole, leaving the U.S. while an I-485 application is still pending may be considered an abandonment. EB-5 investors can make sure their immigration status won’t be affected while they’re away by getting an AP.
Sustaining Foreign Business Operations
Individuals who actively manage their businesses outside the U.S. can travel abroad to supervise international operations, attend business meetings, and investigate new investment opportunities.
Risks and Considerations
There are also potential risks and considerations regarding an advance parole document, some of which include:
Processing Times
The process of receiving a physical advance parole document can take months, even after approval. EB-5 investors should make appropriate travel arrangements and submit applications well in advance of any trips they plan to take.
Denial of Entry
In rare cases, individuals with APs may still face trouble at the port of entry if immigration officers doubt their eligibility. EB-5 investors must carry all necessary documentation and be prepared to answer questions about their immigration status and the reason for their trip.
Expiration of Advance Parole
Typically, an advance parole is valid for one year, but certain applicants may receive a “combo” EAD/AP card valid for up to two years. In light of recent policy changes, an AP may remain valid for up to five years, but this could be specific to certain conditions or policy updates. EB-5 applicants need to double-check their cards’ expiry dates and ensure they will still be valid during their trips. They must submit a renewal application if needed.
Changes in Immigration Policy
Immigration policies and regulations are subject to change, which may impact the legality and effectiveness of an advance parole document. Investors must stay informed about changes that may affect their ability to travel outside the U.S.
Getting Expert Help
Advance parole grants EB-5 investors the flexibility to attend to any family emergencies or business matters outside the U.S. without risking their ongoing Green Card process. However, like any U.S. immigration matter, foreign nationals should work with an experienced immigration attorney and reliable industry experts to evaluate their unique circumstances and increase their chances of success.
EB5AN has helped more than 2,300 families from 60 countries relocate to the U.S. as lawful permanent residents. If you need more information about work and travel permits or any other EB-5 topic, please book a free call with our expert team today.
