EB-5 investors from around the world now have the opportunity to adjust their immigration status immediately with their I-526E petitions.
This allows investors to remain in the United States regardless of their previous visa’s requirements, such as H-1B employer sponsorship. They can also apply for work and travel permits at the same time.
EB5AN investors have received work and travel authorization in as little as 30 days, making adjustment of status a remarkably beneficial option for investors who hold H-1B, E-2, F-1, and similar visas. With backlogs coming for Chinese and Indian investors, the opportunity to adjust one’s immigration status could be over in a few months.
If you have dependent children approaching the age of 21, you may also wonder how to protect them from “aging out” and ceasing to qualify for Green Cards and work and travel documents.
Ahmed Khan, a vice president at EB5AN, touched on each of these points in a January 2025 webinar. Read the summary below or watch the webinar to discover (1) how you and your family can benefit from adjusting status and (2) how to protect your children from “aging out” of your EB-5 application.
Getting Work and Travel Permits Through Adjustment of Status
Securing Your Child’s EB-5 Application with the Child Status Protection Act
Get Work and Travel Permits—And Green Cards—For Your Entire Family
Getting Work and Travel Permits Through Adjustment of Status
If an EB-5 investor is already in the U.S. on a qualifying visa, such as H-1B, L-1, E-2, TN, F-1, or B-1/B-2, they can file an adjustment of status at the same time (concurrently) as the I-526E petition. This eliminates the need to wait for the I-526E to be approved before submitting the adjustment of status.
When filing for adjustment of status, investors can also submit applications for an employment authorization document (EAD) and an advance parole (AP) travel permit.
The EAD allows investors to work anywhere in the U.S. and provides flexibility to pursue various types of employment, including starting their own businesses. It’s valid for five years and can be renewed indefinitely until the Green Card is issued.
An AP allows you to travel outside the U.S. and re-entry without needing a visa stamp.
With an EAD, you gain the same work rights as Green Card holders. This includes the ability to take time off, switch jobs, or even run multiple businesses simultaneously. Additionally, obtaining a Social Security number through the EAD opens up opportunities for banking, credit, home ownership, and other financial activities.
The AP document solves challenges faced by investors from countries with long visa backlogs, like India and China, where renewing visa stamps can be difficult.
Processing times for the EAD and advance parole are relatively short, typically three to six months—or as fast as 30 days. This allows investors to begin working and traveling while waiting for the I-526E and adjustment of status applications, which may take one to two years to process. The ability to work and travel freely during this period is an unprecedented benefit
One common question is the difference between an EAD, AP, and a conditional Green Card. In practical terms, there is little difference regarding work and travel rights. With an EAD, investors can work for any employer or start their own ventures. The advance parole provides international travel flexibility. However, unlike a Green Card, the EAD and advance parole do not confer permanent residency status.
Another important consideration is travel while the adjustment of status is pending. Leaving the country without an AP may nullify the adjustment of status application. But once their AP is issued, investors can travel internationally without needing a new visa stamp. Still, investors should consult their immigration attorneys about maintaining or changing their existing visa status while using advance parole.
These forms and processes provide a clear pathway for investors to secure their future in the U.S. while benefiting from the flexibility and rights typically associated with a Green Card. But what if you have dependent children on your EB-5 application who are approaching the age of 21?
Securing Your Child’s EB-5 Application with the Child Status Protection Act
The Child Status Protection Act (CSPA) is a significant development in immigration law, offering vital protections for children who might otherwise age out during the Green Card process.
Aging out occurs when a dependent child turns 21 and is no longer eligible to remain on their parent’s application.
This is a common issue in categories with lengthy processing times or backlogs. For example, a family may file a Green Card application when their child is 14 or 15, but by the time the application is approved, the child could be 22 or older, making them ineligible to continue as a dependent. The CSPA helps prevent this by allowing children to retain their dependent status, provided the application was filed at an earlier stage.
One of the fundamental protections the CSPA provides is the freezing of a child’s age while an immigrant petition, such as the I-526E for the EB-5 program, is pending. For instance, if an EB-5 application is filed on a child’s 18th birthday and takes two years for approval, the government considers the child’s age as 18 at the time of approval. In this scenario, even though the child has technically aged two years, their CSPA age remains frozen at 18 because the application was filed on their 18th birthday.
When the I-526E petition is approved, investors from China and India need to check the Visa Bulletin’s status. If the Visa Bulletin indicates that the applicant’s priority date is current, the family has a one-year period to file for an adjustment of status or take other steps to acquire lawful permanent resident (LPR) status. This could involve paying a fee bill or filing specific forms, such as the I-824, to prompt consular processing.
However, a notable policy shift occurred when USCIS issued a memorandum stating that the filing date of the I-485 adjustment of status application could be used for CSPA purposes. This interpretation has led to a consensus among attorneys and stakeholders that filing concurrently—submitting the I-485 adjustment of status application along with the EB-5 petition—can lock a child’s age permanently.
For example, if a child is 20 years and 300 days old when the family files an EB-5 application and concurrently files for adjustment of status while the Visa Bulletin is current, the child’s age is locked in at 20, regardless of the time it takes to complete the process. Even if the child turns 21 during the process, they remain eligible as a dependent.
So, if an application enters a backlog after being filed, the child’s age remains locked because no additional steps are required to maintain their status. USCIS is expected to honor the original filing date for CSPA purposes. Always consult your immigration attorney before taking any steps.
For families from countries like India and China, where backlogs are common, this strategy is even more important. For example, Indian families currently face significant backlogs in categories like EB-1, EB-2, and EB-3, where concurrent filing is not an option due to these delays. However, EB-5 offers a unique opportunity to file concurrently while the Visa Bulletin is current, locking in the child’s age permanently.
This makes EB-5 the only viable option for many Chinese and Indian families with children nearing the age-out threshold.
Consider a real-life scenario: an Indian family in the United States with a 20-year-old child decides to invest in an urban EB-5 project in February 2025. If they file their EB-5 petition and adjustment of status application before the Visa Bulletin retrogresses, the child’s age is locked at 20. Even if the Green Card process takes seven to eight years, the child remains eligible as a dependent. Conversely, if the family delays filing and the Visa Bulletin retrogresses, they lose the ability to concurrently file and lock the child’s age. In this case, even if they eventually file the EB-5 petition, the child risks aging out because their age is not locked permanently.
Indian and Chinese families considering EB-5 should do their utmost to file their I-526E petition and adjust status before the child turns 21.
High-unemployment and rural EB-5 projects also play a role. If the urban category backlogs, Chinese and Indian families may need to shift their focus to rural projects, which are less likely to retrogress for a long time. This adjustment ensures that they can still lock in their child’s age by filing in a category that remains current. For families with younger children, even those as young as 16 or 17, it may be wise to begin the EB-5 process early to avoid potential backlogs and secure their child’s future eligibility.
(For more information on the Visa Bulletins, urban/rural categories, and upcoming backlogs, see: Backlogs May Be Months Away and Set-Aside Visa Categories.)
Get Work and Travel Permits—And Green Cards—For Your Entire Family
The CSPA provides an important safeguard for Chinese and Indian EB-5 investors with dependent children. By freezing a child’s age during the application process and allowing concurrent filing to lock that age permanently, it offers a way to ensure that children remain eligible as dependents despite the lengthy timelines often associated with immigration petitions.
To get started on the path to U.S. Green Cards, schedule a free consultation with EB5AN. We can help you navigate the process and get work and travel permits for your entire dependent family—in as little as 30 days.
