Most U.S. visas will take several months, if not years, to allow you to live and work in the country. Even then, visas such as H-1Bs and E-2s place significant restrictions on employment and international travel.
In contrast, you could gain the freedom to work and travel internationally in only days through an EB-5 investment. For a limited time, EB-5 investors can achieve this by adjusting their immigration status and applying for employment authorization documents (EADs) and advance parole (AP) travel documents.
In a January 2025 webinar, EB5AN VP Ahmed Khan explains how EADs and APs work. Watch the webinar excerpt or read the article below to discover how you could get an EAD and an AP in only days.
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Adjusting Your Immigration Status
EADs and APs, Explained
Learn More About EADs and APs, Build Your Future in the U.S.
Adjusting Your Immigration Status
Adjustment of status is an option for individuals already in the United States on a valid non-immigrant visa. It allows them to change their current status to that of a Green Card holder. This process has significant advantages, particularly because it avoids some of the challenges associated with consular processing. Many consulates, especially in countries like China and India, experience substantial delays in scheduling appointments.
Adjustment of status can apply to various visa categories, such as B-1 for visitors, F-1 for students, H-1B for employment, L visas for intra-company transfers, or E-2 for entrepreneurs. Other visa types like TN for Canadian professionals or diplomatic visas may also qualify. Even individuals who have recently fallen out of status may still be eligible to adjust under certain conditions introduced by the EB-5 Reform and Integrity Act of 2022 (the RIA). Consulting an immigration attorney is important to determine if a specific visa category qualifies.
Once an adjustment of status application is filed, the applicant gains immediate benefits. As soon as USCIS acknowledges receipt of the application, the EB-5 investor enters “adjustment pending” status. This means they can legally remain in the U.S. regardless of their prior visa’s expiration or their employment status.
For instance, if an H-1B holder files for adjustment of status and subsequently loses their job, they can still stay in the country even if their work authorization lapses.
This feature of adjustment pending status is particularly valuable for families with children in school or individuals transitioning between jobs. It provides stability during uncertain times, such as layoffs or career changes. Moreover, it offers the flexibility to explore new opportunities, whether starting a business or simply focusing on investment activities.
EADs and APs, Explained
An EAD, or employment authorization document, provides broad work authorization throughout the United States while waiting for a Green Card. It allows individuals to work for any employer, work multiple jobs, or even start their own business. Unlike restrictive visa categories such as H-1B, L-1, or F-1 OPT, the EAD eliminates employer dependency and restrictions, offering freedom in employment choices. It also enables recipients to obtain a Social Security number, simplifying essential tasks like opening bank accounts, applying for loans, and establishing credit.
On the other hand, an advance parole document serves as a travel permit, granting permission to leave and re-enter the U.S. without needing a new visa stamp. For instance, someone on an H-1B visa whose visa has expired can use advance parole to travel internationally and return without the complexities of obtaining a new visa stamp abroad.
While Customs and Border Protection (CBP) might subject advance parole travelers to additional processing compared to Green Card holders, there is no legal basis for denying entry solely based on holding advance parole.
Obtaining these benefits is relatively fast. After filing for adjustment of status, applicants typically receive their EAD and advance parole within a few short weeks, although processing times can range from one to six months or more, depending on USCIS. These documents often arrive as a combo card but may also be issued separately.
The flexibility of an EAD is particularly significant for EB-5 investors. It allows individuals to pursue multiple jobs or ventures simultaneously. For instance, someone could maintain a full-time role while operating a side business or work a traditional job while driving for a rideshare company.
These opportunities are unavailable under visas like H-1B, which restrict employment to a specific employer and role. By contrast, the EAD’s broad authorization empowers individuals to chart their own career paths without limitation.
Another benefit of the EAD is access to a Social Security number for those who don’t already have one. This step is critical for integrating into the financial system, as it enables individuals to open bank accounts, secure loans, and build credit.
Advance parole complements the EAD by addressing travel needs. Often misunderstood as equivalent to a visa, it differs in that it permits re-entry into the U.S. without requiring a new visa stamp. It eliminates the stress and delays associated with overseas visa appointments and re-stamping, allowing individuals to travel freely.
Regarding the duration of these documents, recent rule changes now allow USCIS to issue EADs and advance parole valid for up to five years. This marks a significant extension compared to earlier validity periods. For many applicants, especially those in rural areas or less backlogged categories, this timeline often aligns with the expected approval of their Green Card.
However, for individuals from highly backlogged countries, such as India or China, where the process can take over a decade, the EAD and advance parole can be renewed as needed. For example, in cases where Green Card processing extends to 12 years, applicants could maintain their EAD and advance parole throughout, ensuring uninterrupted work and travel rights.
Importantly, these benefits extend to family members included in the Green Card application. Spouses and children generally receive EADs and advance parole, provided they are eligible. The only exception applies to young children who are not legally permitted to work due to their age.
Learn More About EADs and APs, Build Your Future in the U.S.
Like previous EB5AN investors, you could get an EAD and AP in as little as 30 days. Schedule a free consultation to discover the best way to secure your long-term future in the United States.
