Many EB-5 investors have received employment authorization documents and advance parole only days after submitting their I-526E petitions.
We are pleased to announce that an investor in EB5AN’s Kindred Resort at Keystone (Loan) EB-5 project has been approved for an employment authorization document (EAD) and an advance parole (AP) travel document.
While, historically, many EAD and AP applications have taken around a year to be approved, this investor’s EAD and AP applications were approved in only 53 days, making this a remarkably fast processing period.
These two statuses are incredibly important for visa holders—an EAD allows you to work for any employer in the United States, start your own business, or not work at all, and an AD allows you to travel internationally in and out of the United States with few restrictions.
If you already live in the United States under a non-immigrant visa, you too may be able to get an EAD and an AP in a similar timeframe. Qualifying non-immigrant visas include the H-1B, F-1, E-2, TN, O-1, and L-1 categories.
Non-immigrant visas like those listed above usually place significant limitations on work and travel. But getting an EAD and AP through an EB-5 investment can quickly grant you and your family more freedom.
Rapid EAD and AP approvals are now the standard across the EB-5 industry. Multiple investors in EB5AN’s other projects, including Twin Lakes and Wohali Utah, have been approved for both documents in as little as 33 days.
“Many EB-5 investors hold non-immigrant visas such as the H-1B and want more flexibility to work and travel internationally,” says Sam Silverman, a managing partner of EB5AN. “Now, the EB-5 program offers a fast way to get both an EAD and an AP. After making an EB-5 investment, you could enjoy employment and travel authorization much like a permanent resident—and only have to wait a matter of days.”
In this article, we go over the benefits of an EAD and an AP for H-1B workers and other non-immigrant visa holders. We then explain how you too can get an EAD and an AP shortly after making an EB-5 investment.
53-Day EAD and AP Approval for EB-5 Investor in Kindred Resort at Keystone (Loan)
Freedom to Work and Travel Through an EAD and an AP
How to Get an EAD and an AP Through an EB-5 Investment
Get an EAD and an AP Through the Kindred Resort at Keystone EB-5 Project
53-Day EAD and AP Approval for EB-5 Investor in Kindred Resort at Keystone (Loan)
Once an EAD and AP petition is approved, United States Citizenship and Immigration Services (USCIS) notifies the applicant through Form I-797, “Notice of Action.”
Click on the image below to view the Kindred Resort at Keystone EB-5 investor’s redacted I-797 notice.
Freedom to Work and Travel Through an EAD and an AP
One of the main benefits of being a permanent resident of the United States—that is, a Green Card holder—is the ability to work and travel with few restrictions. Many foreign nationals apply for U.S. Green Cards with these goals in mind.
Getting U.S. Green Cards for yourself and your family, however, typically takes several years—even with a fast immigration path like the EB-5 program.
But by applying for an EAD and an AP, you can gain these work and travel benefits in only days. Essentially, you can enjoy the main benefits of being a Green Card holder while you wait for your EB-5 petition to be processed by USCIS.
Perhaps you want the freedom to work for a different company or take on part-time work, but this likely isn’t an option if you hold a temporary visa like the H-1B. The time-consuming renewal process and the uncertainty of being on a temporary visa are further drawbacks of working on an H-1B.
And if you are laid off by your H-1B employer, you will only have 60 days to find another qualifying H-1B job—or else you’ll have to leave the United States.
E-2, TN, and F-1 visa holders face similar limitations.
Making an EB-5 investment and applying for an EAD and an AP is one of the fastest solutions to the uncertainty and restrictions of a temporary non-immigrant visa. Additionally, an EB-5 investment is one of the few ways to quickly change your immigration status and continue to live and work in the United States—regardless of the conditions of your temporary visa.
How to Get an EAD and an AP Through an EB-5 Investment
Concurrent Filing
The EB-5 Reform and Integrity Act of 2022 (RIA) allows EB-5 investors to apply for an EAD and an AP at the same time they submit their initial EB-5 petition through Form I-526E.
Investors can do this by submitting three additional documents along with Form I-526E: Form I-485, Form I-765, and Form I-131. This process is known as concurrent filing.
Form I-485, “Application to Register Permanent Residence or Adjust Status,” is used to adjust your immigration status from your previous non-immigrant visa to “pending.” Form I-765 and Form I-131 are the applications for an EAD and an AP, respectively.
Once you obtain an EAD and an AP through concurrent filing, these documents will remain valid for five years.
Get an EAD and an AP Through the Kindred Resort at Keystone EB-5 Project
The Kindred Resort at Keystone EB-5 project is a luxury ski-in/ski-out hotel and condo development located 55 feet from the main gondola at Keystone Ski Resort—the fourth most visited ski resort in the United States. EB-5 funds will be used to develop 95 condominium units, a 107-room four-star hotel, 25,000 sq. ft. of retail space, and a private ski club.
The project is fully capitalized, with a senior loan from Romspen and multiple institutional investors. Construction is underway, with over 1,264 jobs already created as of February 29, 2024, which is more than enough for all EB-5 investors to meet the EB-5 job creation requirement.
The I-956F exemplar application has been approved by USCIS. This means the project has been found to be EB-5 compliant, further reducing risk to EB-5 investors.
As of May 1, 2024, Kindred Resort at Keystone has already pre-sold over 73% of its condominium units with non-refundable buyer deposits; condominium unit sales to date represent over $136.1 million in revenue.
EB-5 investors in the Kindred Resort at Keystone project will receive an I-526E approval refund guaranty, allowing investors to receive a faster repayment of their funds if their Form I-526E is denied. Additionally, the Kindred Resort at Keystone project has a job creation guaranty from the developer, which ensures that all the EB-5 funds will be used to create qualifying jobs for the EB-5 investors.
Beyond these benefits, Kindred Resort at Keystone is unique from most EB-5 loan offerings in two other crucial ways. Firstly, the EB-5 loan is secured by an equity pledge and will ultimately have a first-priority senior mortgage on the property. Secondly, each EB-5 investor’s tranche of the loan has its own five-year loan term. This best-in-class loan structure reduces EB-5 investors’ repayment risk and shortens the timeline for repayment.
Kindred Resort at Keystone follows 15+ EB-5 regional center projects by EB5AN, all of which have achieved 100% financial success and USCIS project approval. Combined, these factors make Kindred Resort at Keystone a compelling rural TEA project.
We invite you to schedule a free consultation and learn more about how you can enjoy an EAD and an AP in a matter of days through an EB-5 investment.
