+1-800-997-1228
Questions & Answers

When can a Chinese EB-5 investor apply for the I-765 and I-131?

I understand that Chinese EB-5 applicants have to wait to apply for the I-485 after the I-526 is approved. I am an F-1 visa holder. When can I apply for the I-765 and I-131? Can I apply for them as an "Adjustment of Status" applicant immediately after the I-526 is approved?

Answers

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You will have to wait to file the I-485, I-765 and I-131. Once you are eligible to adjust, you can file all three concurrently. In the meantime, try to maintain your nonimmigrant status or prepare to leave the U.S. and go through consular processing.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Generally, you can only file both I-765 and I-131 when the I-485 is filed. With regards to the Chinese approved I-526 petitions, the same rule applies; that is, you will be able to file both I-765 and I-131 when you file your I-485.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If you are subject to the Chinese quota, you have to wait until a visa number is available and your priority date is current to get the work or travel permit. See the attached information: https://www.uscis.gov/visabulletininfo. Your priority date or filing date number must be current for the month you file, and you have to be in valid status and you must be fully eligible to apply to adjust such as never been out of status or worked without permission.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    The eligibility to file the I-485 adjustment of status from your current F-1 to permanent residency depends on the Priority Date of the I-526, which is on your I-526 approval form. Unless that date is current, you cannot file the I-485, which includes I-765 and I-131 forms as well.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    Unfortunately, you cannot apply for your Employment Authorization Document (EAD) on Form I-765 and your Advance Parole on Form I-131 travel document until your EB-5 investor petition on Form I-526 is approved and visa numbers are available under the quota based upon your priority date for the People''s Republic of China. Thus, even when your I-526 petition is approved, you cannot file your application for adjustment of status on Form I-485 along with your application for an EAD and Advance Parole until such time as a visa number is available under the quota. As of now, there is a growing backlog for Chinese nationals, but hopefully Congress will increase the overall quota and provide more visa numbers in the near future.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    Chinese nationals with approved EB-5 petitions (I-526) must wait until their priority date (date of filing the I-526 petition) is current (as posted by the Department of State in their monthly visa bulletin) to file for the I-485, at which time they may simultaneously file for the I-765 and I-131.

  • Avatar

    Ying Lu

    Immigration Attorney
    Answered on

    No, you cannot. The earliest time you can file the I-765 and I-131 applications is when you file your I-485 applications.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    They accompany the I-485, but the I-485 cannot be filed until there is a current priority date and only if you have otherwise maintained your status.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.