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When can an EB-5 investor file an I-756 application?

I have already submitted my I-526 petition for the EB-5 visa. Can I file/submit the I-765 (EAD) application immediately once my I-526 is approved? Or do I have to wait until I file/submit the I-485 along with the I-765, as there is a several month delay between I-526 approval and submitting the I-485?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    If the EB-5 investor is maintaining a nonimmigrant status in the United States, and the I-526 petition is approved and the priority date is current, then the EB-5 investor can file an I-485 application in the United States. At the same time, the EB-5 investor can file an I-765 application for employment authorization.

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    Xiaojie Marta Meng

    Immigration Attorney
    Answered on

    The applicant needs to file the I-765 along with the I-485. Currently, only applicants born in mainland China have a retrogression issue in the EB-5 category. If you were born in another country, you can file the I-485 and I-765 immediately upon approval of the I-526. If you are from mainland China, you will need to wait until your priority date becomes current, and then file the I-765 along with the I-485.

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    John J Downey

    Immigration Attorney
    Answered on

    To the best of my knowledge, you must file the I-765 along with the I-485.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You can file for the I-765 EAD only after the I-526, Immigrant Petition for Alien Investor is approved, and when you file the I-485 application for adjustment of status.

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    Charles Foster

    Immigration Attorney
    Answered on

    No, an EB-5 investor cannot file an I-765, Application for Employment Authorization until the I-526 petition has been approved and the individual applicant is eligible to apply for adjustment of status. That can only be done once a visa number is available, which is the case for every foreign national except for individuals born in the People's Republic of China. When the I-526 petition has been approved and a visa number is available, the applicant files the application for adjustment of status on Form I-485 along with the I-765, Application for Employment Authorization.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If eligible to file an adjustment based on an approved I-526, the I-765 must be filed with the I-485.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    An I-765 application for initial employment authorization can be submitted only with the I-485 adjustment of status application. The I-485 cannot be filed unless and until the priority date is current (an immigrant visa number must be immediately available). Please note that there does not need to be a several month delay in submitting the I-485 after I-526 approval if the priority date is current. Also, the processing time for an I-765 is two to three months.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    The I-765 (EAD) application could only be filed along with the I-485 after the I-526 has been approved. If you are legitimately in the United States and able to file the I-485 adjustment after the I-526, then your attorney should be able to prepare and file that within a couple of weeks. There is no reason for a several month delay to file the adjustment application after getting the I-526 approved. Now, if you are in the United States on a valid working visa, such as H-1B, L-1, E-2, etc., then you may get the employment authorization prior to filing the I-485.

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    Ying Lu

    Immigration Attorney
    Answered on

    You can only file the I-765 concurrently with your I-485 or after you file your I-485.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You may submit I-765 and I-131 applications along with the I-485 application upon approval of the I-526 petition, assuming your priority date is current and you are in the United States in another lawful immigration status at the time of your I-526 approval.

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    Peter Zhang

    Immigration Attorney
    Answered on

    You will have to wait until you file the I-485.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    Currently, an EAD is only available upon the visa being available and the I-485 application filed. You should review this with your investment immigration attorney.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The I-765 and I-131 can be filed concurrently with the I-485 application, provided that you are in lawful U.S. status at the time of filing. Yes, there is a 16 month average processing time for the I-526, and no current policy allowing for concurrent filing of the I-485.

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