How to Get an Employment Authorization Document While Waiting for Your EB-5 Green Card

If you are a prospective EB-5 investor in the United States, you may have questions about the waiting period for your Green Card to be processed. During this time, you and your family members may wonder how you can support yourselves financially and legally work in the U.S.

Fortunately, an employment authorization document (EAD) is available to eligible EB-5 investors, allowing you to work legally in the U.S. while your Green Card application is pending.

This article will guide you through the process of obtaining an EAD, explaining who qualifies, how to apply, how long the application takes, and the benefits it provides.

What Is an Employment Authorization Document (EAD)?

An EAD is a card issued by the United States Citizenship and Immigration Services (USCIS) that authorizes foreign nationals to work in the United States legally.

For EB-5 investors, the EAD is available as part of the adjustment of status process, which is the process of transitioning from a temporary status (such as an F-1 student) to permanent residency (Green Card status).

The EAD is typically issued for a period of five years and can be renewed as long as your Green Card application is pending. It allows you to work in any job, for any employer, anywhere in the U.S., without needing a separate work visa.

Who Qualifies for an EAD as an EB-5 Investor?

As an EB-5 investor, you may qualify for an EAD if you meet the below requirements.

Your EB-5 Application Is Pending

You must be in the process of obtaining your EB-5 Green Card. Specifically, an EAD is granted while you have pending status on two petitions: Form I-526E, Immigrant Petition by Regional Center Investor, and Form I-485, Application to Register Permanent Residence or Adjust Status.

The EAD is linked to the adjustment of status process, so you must be in the U.S. on a valid visa and seeking permanent residency. The process is different for foreign nationals who reside outside the U.S.

Family Members

The EAD is not only available to the EB-5 investor—it is also available to the investor’s immediate family members, including their spouse and unmarried children under the age of 21, who are also seeking adjustment of status.

Each qualifying family member must submit their own Form I-765 and meet the necessary requirements.

How to Apply for an EAD

The process to apply for an EAD while waiting for your EB-5 Green Card involves filing Form I-765, Application for Employment Authorization, along with your Form I-485.

Here is a breakdown of the steps involved in this process.

File Form I-485

As mentioned above, the application for an EAD often happens alongside your submission of Form I-485, which is the formal request to adjust your status to permanent residency.

If you haven’t filed this form yet, ensure Form I-485 is ready before filing for an EAD.

Complete and Submit Form I-765

Once your Form I-485 is ready to be filed, you can also prepare and submit your Form I-765. This is the form used to apply for the EAD itself. It is important to make sure that all sections of the form are completed accurately and fully.

Along with your Form I-765, you will need to submit the following supporting documents:

• The filing fee.
• A copy of your passport biographical page.
• Two passport-sized photos (taken within the last 30 days).
• Any previous EAD cards you may have (if applicable).

Pay the Filing Fee

As indicated above, there is a fee associated with filing Form I-765. As of December 2024, the filing fee is approximately $260, although this may vary based on the applicant’s age or the specific circumstances of the case. Be sure to check the USCIS website for the most up-to-date information on fees.

If you are filing for family members as well, each person will need to pay the applicable fee.

How Long Does It Take to Get an EAD?

The processing time for an EAD application can vary depending on several factors, including USCIS workloads, the completeness of your application, and your specific circumstances. On average, it can take anywhere from 30 days to a few months to receive an EAD after submitting your Form I-765.

It is essential to keep track of your application status by using the USCIS online tools or contacting USCIS directly if needed. You can also request expedited processing if you can show compelling reasons for it being granted, though this is not guaranteed.

How Long Is an EAD Valid?

As of September 2023, once granted, an EAD is now typically valid for five years, depending on the specific situation.

Importantly, though, if your EB-5 Green Card application is still pending after the EAD expires, you can apply for a renewal by submitting a new Form I-765 along with updated documentation.

We advise you to submit your EAD renewal application well before the expiration date to avoid a gap in your employment authorization.

Benefits of an EAD for EB-5 Investors

An EAD offers several crucial benefits for EB-5 investors and their families while they wait for their Green Cards.

Legal Work Authorization

The primary benefit of an EAD is that it allows you to work legally in the U.S. without the need for an additional work visa. Because of this, the EAD provides you with the flexibility to earn an income and support your family during your Green Card processing.

Thanks to the benefits of concurrent filing, EB-5 investors who may face backlogs in their visa categories can remain and work legally in the U.S. even if the receipt of their physical EB-5 Green Card is delayed.

Employment Flexibility

Unlike many employment-based visas, an EAD is not tied to a specific employer or job, meaning you can work for any company, switch jobs, or even start your own business while waiting for your Green Card.

This level of flexibility is not available with other visa types, which often have employer-specific restrictions, forcing you to work in a specific industry, for a specific employer, or in a specific place.

Spouse and Dependent Benefits

As noted above, an EB-5 investor’s spouse and unmarried children under 21 can also apply for their own EADs, allowing the entire family to work while they wait for permanent residency.

EB5AN Can Help You Obtain an Employment Authorization Document

For EB-5 investors, the ability to obtain an EAD is a valuable resource that can ease the anxiety that waiting for a Green Card might cause.

By filing Form I-765 along with Form I-485, investors and their immediate family members can secure the right to work legally in the U.S. while their Green Card applications are processed.

In the meantime, the benefits of the EAD—especially the flexibility it offers—can significantly improve your financial stability and opportunities in the U.S.

And to get this process started, it’s vital to work with an experienced EB-5 team. That’s where EB5AN comes in.

EB5AN has helped more than 2,300 families from over 70 countries become lawful permanent residents of the United States. Our team has more than a decade of experience, and we offer our clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS project approval rate.

If you would like to know more about your employment options in the U.S., book a free call with our expert team today.