For a limited time, EB-5 investors currently enjoy the opportunity to adjust their immigration status upon filing their initial EB-5 petition. This allows investors to remain in the United States—and quickly gain work and travel permits.
In as little as 30 days, you could receive an employment authorization document (EAD) and an advance parole (AP) travel permit. You could essentially enjoy the main freedoms of permanent residency shortly after investing.
But what is the process for adjusting your status and applying for an EAD and an AP?
In our recent webinar, EB5AN VP Ahmed Khan breaks down the adjustment of status process in simple steps.
Watch the webinar excerpt or read the article below to learn how to successfully adjust your status for an EAD and an AP.
Watch the Full Webinar
The Adjustment of Status Filing Process
Freedoms of a Green Card Through an EAD and an AP
Begin the Adjustment of Status Process
The Adjustment of Status Filing Process
The EB-5 process begins with selecting a regional center and signing the subscription booklet for the chosen project. This step secures your spot and initiates the transfer of investment funds to an escrow account, which is standard practice across nearly all EB-5 projects. Once the funds reach escrow, your immigration attorney can proceed with filing four key applications.
The first application is the I-526E. This form is specific to the EB-5 program and serves as a petition to request approval for a Green Card. The second application is the I-485, or adjustment of status, which can now be filed concurrently with the I-526E. The I-485 examines factors such as your immigration history and admissibility to the U.S., and includes a required medical exam.
Alongside the I-485, two additional applications are submitted: the I-765 for employment authorization and the I-131 for travel authorization. These three forms—the I-485, I-765, and I-131—are filed together, while the I-526E is sent to the Immigrant Investor Program Office (IPO). The service center that processes the I-485 is determined by your state of residence.
Once submitted, the I-485 will not move forward until the I-526E is approved. However, USCIS begins processing the I-765 and I-131 immediately after acceptance.
These approvals allow you to receive an EAD and an AP, enabling work and travel even while the main Green Card application is pending. This separation of applications ensures that the benefits of filing an I-485 are accessible early in the process.
The likelihood of denial for the I-765 or I-131 at this stage is minimal. Denials typically occur only in extreme cases, such as if the applicant is on an international watch list.
Once the I-526E is approved, USCIS resumes processing the I-485. At this point, an officer is notified that the underlying I-526E has been approved, enabling the final adjudication of the I-485. Once the I-485 is approved, the applicant can receive a Green Card.
Approximately 21 months after receiving the conditional Green Card, the I-829 application is filed to remove conditions and obtain a permanent Green Card. Regional centers handle much of the work for this step, including proving that the required jobs have been created. In many cases, the job creation is already confirmed before the I-829 is filed, simplifying this stage.
The concurrent filing system—where the I-526E, I-485, I-765, and I-131 are submitted simultaneously—quickly offers the benefits of work and travel authorization.
Freedoms of a Green Card Through an EAD and an AP
An EAD provides the same work authorization as a Green Card, meaning that holders can freely work in the U.S. without restrictions. With the introduction of five-year EADs, there is less concern about frequent renewals. These extended validity periods allow applicants to focus on their lives and careers without the constant administrative burden of renewing every two years.
Another key advantage is the protection offered during the renewal process. Once a renewal application is filed, the receipt notice automatically extends the validity of the current EAD for a certain period. This ensures that applicants can continue working legally while waiting for the new card to be issued. Such measures acknowledge the delays often caused by the immigration system itself. The government has designed the EAD and advance parole to help investors and applicants maintain stability during the adjustment process.
APs grant the ability to travel internationally without jeopardizing immigration status. This is particularly useful for applicants who need to visit family or manage personal matters abroad. It offers the same level of convenience and security as a Green Card when entering and exiting the U.S.
Begin the Adjustment of Status Process
As Ahmed explains in the full webinar, EB-5 investors have only a limited time to adjust their status and quickly gain EADs and APs. To find out the best way to go about the process in your case, schedule a free consultation with EB5AN.
By acting quickly, you can take advantage of this unprecedented opportunity to gain the key benefits of a Green Card, but in only days or weeks.
