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Questions & Answers

When can an EB-5 dependent get an EAD card?

After a husband, as the primary EB-5 applicant, submits the I-485 and the case is received, will his wife be able to get an EAD card like the primary applicant can do before the I-485 gets approved?

Answers

  • Avatar

    Yazen Abdin

    Immigration Attorney
    Answered on

    Generally, an application for an Employment Authorization Document is filed concurrently with the I-485. Usually, the Employment Authorization Document is granted prior to approval of the I-485. Facts and circumstances may vary, so it is best to consult your immigration attorney regarding your particular case.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The primary investor and each family member will submit their own I-485, and can concurrently file for Employment Authorization, which would then (ideally) be approved in 45-75 days. This all depends on the applicants already being in the United States with lawful U.S. immigration status before filing, of course.

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    Anthony Korda

    Immigration Attorney
    Answered on

    If the I-526 has been approved and the primary investor has filed an I-485, his immediate family members may also file for adjustment of status. Applications for the EAD may be filed at the same time by all family members.

  • Avatar

    Gus Shihab

    Immigration Attorney
    Answered on

    If the wife is present in the United States, she must submit a separate I-485 form after the Form I-526 is approved. Along with the I-485 form, the wife is entitled to also apply for work authorization using Form I-765. Hence, the wife will not receive a work authorization through the husband's I-485 automatically. She must apply separately as explained. I hope that clears it.

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    John J Downey

    Immigration Attorney
    Answered on

    You should be able to, but check out the codes on the instructions for the form.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Yes - 3-4 months after filing the I-485, spouse and minor children receive EAD cards.

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    Gregory Romanovsky

    Immigration Attorney
    Answered on

    Any I-485 applicant can apply for a temporary employment authorization - while the adjustment case is pending.

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    Margo Chernysheva

    Immigration Attorney
    Answered on

    Yes, if the investor and spouse are qualified to adjust status in the United States, then when they submit their adjustment of status applications, they can request EADs as part of their package.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Yes; I-485 applicants usually are entitled to temporary employment authorization (EAD) while their applications are pending. Keep in mind that in order to file an I-485, there must be an approved I-526 and an available immigrant visa number available (i.e., priority date current). The processing time for an EAD (filed on Form I-765) is approximately 90 days.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Yes, if the EAD is not combined with the I-485, the wife can subsequently file for her EAD.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    The I-485 application package includes several different applications, including the I-765 work authorization and I-131 travel permit. Normally, the I-765 and I-131 applications are combined and within 90 days after the submission of the applications, USCIS will issue an EAD/travel combination card good for one year pending the I-485 adjudication and the production of the conditional green card upon approval.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    Each dependent (i.e. spouse and unmarried children under age 21) of the principal EB-5 investor must submit his or her own I-485. As part of I-485 filing, one applies for an EAD and advance parole (travel document) while the I-485 is pending a decision.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    An EB-5 dependent can get an EAD card at the same time that the primary applicant can as they both should submit their application for adjustment of status at the same time, including an application for an EAD and advance parole. So theoretically it should be issued at approximately the same time.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    Yes, as a derivative.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, the spouse should submit her own I-485/I-765 and I-131 to get a work and travel permit while the case is pending (children as well).

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    Jimena G Cabrera

    Immigration Attorney
    Answered on

    Yes, provided that the wife filed for adjustment of status and requested employment authorization. It takes between 60 to 90 days to get the EAD.

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    Stephen Berman

    Immigration Attorney
    Answered on

    All of the people filing for adjustment of status can also apply for employment authorization.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    After the EB-5 immigrant petition for alien investor is approved, the investor AND his family (spouse, children) can all file for the I-485 application together with EAD and advance parole applications, all at the same time. Typically the EAD/advance parole documents are issued within 90 days of filing so that the applicants may be able to work and travel during the I-485 pending period. The family does not need to wait for the investor to file the I-485 (they file together).

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