Investors in EB5AN Projects Receive Employment Authorization in an Average of Just 4.2 Months

If you are considering an EB-5 investment, you might be concerned about the processing timeline for your U.S. Green Card. During this waiting period, you and your family members may wonder how you can legally work in the U.S. and support yourselves financially.

Fortunately, eligible EB-5 investors can obtain an employment authorization document (EAD), granting them the right to work in the United States while their Green Card application is pending.

By investing $800,000 in an EB-5 project, you could secure work authorization in just a few months—even before your initial EB-5 Green Card is approved.

The EB-5 Reform and Integrity Act of 2022 (RIA) enabled concurrent filing of the I-526E petition and the adjustment of status application (Form I-485). Since the EAD application is submitted alongside Form I-485, this means investors can file for employment authorization alongside their EB-5 petitions.

EB-5 investors in EB5AN projects have collectively received hundreds of EAD approvals. 80% of our investors have received approval in two to six months, with an average approval time of 4.2 months—and many approvals arriving even sooner. The fastest approval on record for an investor in an EB5AN project took just 20 days.

What Is an Employment Authorization Document?

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

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

An EAD can be renewed as long as your Green Card application remains pending. Best of all, it lets you work for any employer, in any location, without requiring a separate work visa.

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

EB-5 investors may qualify for an EAD if they meet the following requirements.

Your EB-5 Application Is Pending

You must be in the process of obtaining your EB-5 Green Card. Specifically, you should have filed Form I-526E (Immigrant Petition by Regional Center Investor) and Form I-485 (Application to Register Permanent Residence or Adjust Status).

The EAD is tied 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.

You Are the Family Member of Someone With a Pending EB-5 Application

The EAD is not only available to the EB-5 investor—it is also available to the investor’s immediate family members (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

Applying for an EAD while awaiting EB-5 Green Card approval involves submitting Form I-765 (Application for Employment Authorization) alongside your Form I-485.

Here is a brief overview of the steps involved in this process.

File Form I-485

Form I-485 is your request to adjust status to permanent residency. If you haven’t filed this form yet, ensure your Form I-485 is ready before filing for an EAD.

Complete and Submit Form I-765

Once your Form I-485 is ready, you can also prepare and submit your Form I-765, which is the official application for employment authorization. It is important to complete every field accurately.

Alongside your Form I-765, you’ll also have to submit the following:

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

Pay the Filing Fee

As of March 2025, the Form I-765 filing fee is approximately $260, although this may vary depending on your situation. Always verify the current fees on the USCIS website.

Each family member who is applying must file and pay the fee separately.

How Long Is an EAD Valid?

An EAD is generally valid for five years, though specific terms may vary.

If your EB-5 application is still pending by the time your EAD expires, you can renew it by submitting another Form I-765 with updated documentation. To avoid any interruption in your work authorization, start the renewal process well before the card’s expiration date.

Benefits of an EAD for EB-5 Investors

An EAD offers numerous advantages for EB-5 investors and their families.

Legal Work Authorization

You can work in the U.S. without needing another work visa—providing you with a secure way to earn a living while your Green Card is processed.

Employment Flexibility

Unlike other employment-based visas, the EAD is not employer dependent. You have the freedom to work for any employer, switch careers, or even establish your own business.

Benefits for Spouse and Dependents

Your spouse and any unmarried children under 21 can also obtain their own EADs, allowing them to work and support themselves while awaiting their Green Cards.

How Long Does It Take to Get an EAD?

EAD processing times can vary depending on USCIS’s workload, the thoroughness of your application, and your unique circumstances. Generally, approvals may take anywhere from 30 days to several months.

EB5AN’s data shows an average approval time of 4.2 months for our EB-5 investors, though some have received approvals much faster.

Here are some notable EAD numbers for our investors:

• 7.9% were approved in under two months
• 44.9% were approved between two and four months
• 36.0% were approved between four to six months
• 11.2% were approved in six months or longer

The fastest known EAD approval for an investor in an EB5AN project took just 20 days.

Learn More About Available EB-5 Investments

The EB-5 program offers one of the quickest and most straightforward routes to U.S. permanent residency.

While some prospective investors might have concerns around the wait time involved in becoming a permanent resident, the benefits of employment authorization should ease some of these worries. With 80% of EB5AN investors receiving work approval in only two to six months, the wait time before you and your family will be able to work in the U.S. should be brief.

Interested in learning more about how an EB-5 investment can provide a pathway to U.S. immigration for you and your family? Schedule a free consultation with EB5AN to explore available our EB-5 projects and receive personalized guidance throughout the process.