You can potentially get an EAD and an AP in a matter of days through an EB-5 investment.
EB5AN is proud to announce that multiple investors in our Twin Lakes Georgia rural EB-5 project have been approved for both employment authorization documents (EADs) and advance parole (AP) travel documents.
Now, these EB-5 investors can live and work in the United States and travel internationally with few restrictions as they wait for their EB-5 petitions to be processed.
Many of these investors received EAD and AP approval in around 90 days—and one applicant was approved in approximately 33 days. These are not isolated cases, as other investors in our Twin Lakes rural project have also received EADs and APs within similar timeframes.
Fast EAD and AP approvals are now common for EB-5 investors who hold non-immigrant U.S. visas. EB-5 investors can qualify for an EAD and AP by filing Form I-526E, the initial EB-5 petition, along with Form I-485, Application to Register Permanent Residence or Adjust Status.
This process is known as concurrent filing.
In this article, we explain how you can gain an EAD and AP in a matter of days through an EB-5 investment. If you hold a non-immigrant visa—such as the H-1B, F-1, E-2, or TN categories—you may be able to enjoy the benefits of a U.S. Green Card shortly after filing your initial EB-5 petition.
Five New EAD and AP Approvals for EB-5 Investors in Twin Lakes Georgia
Benefits of Getting an EAD and an AP Through an EB-5 Investment
How to Get an EAD and AP Through EB-5 Concurrent Filing
Learn More About EB-5 Concurrent Filing and the Twin Lakes Rural EB-5 Project
Further Resources for EB-5 Investors Interested in Concurrent Filing
Five New EAD and AP Approvals for EB-5 Investors in Twin Lakes Georgia
Five EB-5 investors in our Twin Lakes rural EB-5 project recently received EAD and AP approvals. While EAD and AP petitions have historically taken up to a year to be adjudicated, our five investors were all approved in significantly less time.
EAD and AP approvals are notified through Form I-797C, Notice of Action. To view an investor’s redacted I-797 document, click on the image.
Benefits of Getting an EAD and an AP Through an EB-5 Investment
Non-immigrant visas limit what you can do in the United States—especially regarding work, travel, and study. You may want to pursue different career or academic opportunities or travel internationally without your visa’s restrictions.
You may also want more certainty that you and your dependent family members will be able to remain in the United States even if you cease to qualify for your visa.
If this is your situation, getting an EAD and an AP may be an ideal solution. After gaining approval for these documents, you will be able to live, study, and work in the United States—and travel internationally—regardless of your non-immigrant visa’s conditions.
With an EAD and an AP, you can enjoy the benefits of a U.S. Green Card. Making an EB-5 investment allows you to access these benefits in a matter of days, not years.
What is more, EB-5 investors can even apply for U.S. citizenship five years after receiving their initial Green Cards, making the immigration benefits even more permanent.
We now consider how gaining an EAD and AP through an EB-5 investment can be useful for holders of H-1B, E-2, and F-1 visas.
H-1B Workers
H-1B visa workers need employer sponsorship and can only work in a specific sector.
If an H-1B worker is laid off, he may not be able to find employer sponsorship within his industry before his visa expires. The H-1B worker may have to leave the United States—along with any dependent family members—shortly after being laid off.
Many H-1B workers in the technology sector have found themselves in this scenario due to mass layoffs.
Gaining an EAD and AP through EB-5 concurrent filing is one of the few options for H-1B workers to quickly change their immigration status and continue to live and work in the United States.
If you are an H-1B worker, making an EB-5 investment can give you and your family increased stability and allow you to remain in the United States even if you are laid off.
E-2 Investors
Similarly, E-2 visa holders are required to invest a significant amount of capital in a business they own and continue to operate the business.
If you hold an E-2 visa, you may no longer be interested in running your business. Perhaps you want to pursue different career opportunities while remaining in the United States with your family.
If so, gaining an EAD and AP through an EB-5 investment will enable you to work for any company or start another business without endangering your immigration status.
F-1 Students
Students on F-1 visas are not allowed to take a lengthy leave from their studies. They also face significant limitations on off-campus employment, as their main purpose in the United States must be education.
If you would like to pause your studies, pursue a career, or have more freedom to work while you study, you may be able to quickly transition to an EAD and AP through EB-5 concurrent filing.
How to Get an EAD and AP Through EB-5 Concurrent Filing
After investing in an EB-5 project, EB-5 investors submit Form I-526E to USCIS. EB-5 investors holding non-immigrant visas can now submit Form I-485—and the applications for an EAD and an AP—along with the I-526E petition.
Form I-765 is used to apply for an EAD, while Form I-131 is used to apply for an AP.
Concurrent filing allows EB-5 investors to hold their EADs and APs until Form I-526E is approved. Then, investors receive their initial U.S. Green Cards.
In addition, EADs and APs obtained through concurrent filing are now valid for five years, as opposed to the previous limit of two years. This applies to all to all initial and renewal applications pending or filed after September 27, 2023.
In many cases, the extended five-year period will grant EB-5 investors enough time to gain approval for their initial Green Cards. It also reduces the need to apply for extensions on their EADs and APs.
Besides H-1B, F-1, and E-2, other non-immigrant visas that qualify for EB-5 concurrent filing include the TN, O-1, and L-1 categories.
Rural EB-5 Projects Offer Additional Safety for Chinese and Indian Investors
If you are a Chinese or Indian national and hold a non-immigrant visa, investing in a rural EB-5 project may offer a higher level of immigration safety.
Both China and India currently face a backlog of EB-5 petitions. Investors born in these countries face additional visa processing delays as reported in the monthly Visa Bulletins.
Because of their country’s visa retrogression, Chinese and Indian EB-5 investors can only qualify for concurrent filing—and the chance to get an EAD and AP quickly—if they invest in one of the set-aside project categories.
Each set-aside project category is only given a limited number of EB-5 visas each year. Therefore, Chinese and Indian EB-5 applicants must invest while these categories remain current on the Visa Bulletin.
Both rural and high-unemployment targeted employment area (TEA) projects remain current as of the February 2023 Visa Bulletin. However, the high-unemployment category only gets 10% of the annual EB-5 visa supply.
In addition, the high volume of EB-5 petitions from investors in high-unemployment TEA projects means that the existing supply in this set-aside category is likely to run out quickly.
In contrast, the rural project category gets 20% of the yearly EB-5 visa supply and faces significantly lower demand. This makes it the safest project category for Chinese and Indian EB-5 investors.
For further information, we invite you to read “An EB-5 Investor’s Guide to Rural TEA Projects” and “New USCIS Data: Major Implications for Rural and Urban EB-5 Investor Applications.”
Learn More About EB-5 Concurrent Filing and the Twin Lakes Rural EB-5 Project
If you would like more freedom to work, study, and travel internationally while living in the United States, the EB-5 visa is one of the fastest ways to get an EAD and an AP.
With multiple EAD and AP approvals through concurrent filing, Twin Lakes Georgia is one of the leading rural projects in the EB-5 market. This single-family home development has seen consistently strong monthly sales and has a strong capital structure with secured financing.
In addition to financial safety, Twin Lakes has already created all the required jobs for its EB-5 investors to qualify for Green Cards. This makes it exceptionally safe from an immigration perspective.
EB5AN believes in structuring the highest-quality EB-5 projects to help investors get a return on their funds and succeed in the immigration process.
For more personalized guidance on getting an EAD and an AP through the EB-5 program, schedule a free consultation.
Further Resources for EB-5 Investors Interested in Concurrent Filing
- Overview of EB-5 Concurrent Filing
- Investor Interview— Twin Lakes Rural EB-5 Project Investor Obtains Work and Travel Permit in Only 60 Days
- Successful Adjustment of Status Request From an EB5AN Investor
- How EB-5 Investors Can Travel Internationally Through Concurrent Filing
- Why Rural EB-5 Reserved Will be Faster for Chinese and Indian EB-5 Investors with Charles Oppenheim
- Why Twin Lakes is a Compelling Rural EB-5 Project
