USCIS is shortening the validity period for some Employment Authorization Documents (EADs) starting Dec. 5, which involves EB-5 investors with pending or new adjustment of status petitions in the U.S.
The policy change occurs amid recent updates to the vetting process for foreign nationals. The measure follows the Department of Homeland Security’s removal of automatic extensions in November.
For several categories, the maximum validity period for EADs was reduced from five years to 18 months. Among them are EB5 investors who concurrently file or are just starting the adjustment of status stage of their application process, as they fall under the category of “aliens with pending applications for adjustment of status under [Immigration and Nationality Act] INA 245”.
“This hits anyone with a pending I‑485 in the U.S.,” says immigration attorney Renata Duarte from Duarte Law.
EB-5 lawyer Yuliya Veremiyenko-Campos adds, “This is very broad and includes anyone who filed AOS, whether under the EB-5 or any other immigration program.”
The policy update affects EB-5 applicants with employment authorization applications filed on or after Dec. 5, 2025, and those with their petitions pending after that date, including concurrent filing.
Attorney Bernard Wolfsdorf from WR Immigration reflects on the recent changes to the EAD. “[President Joe] Biden changed it from a two-year work card to a five-year work card, and now they changed it back to 18 months.”
New EAD provisions affect EB-5 concurrent filing
INA 245 is a provision that allows non-immigrants in the U.S. to change their status to lawful permanent resident; an EB-5 investor with a pending Form I-485 (Adjustment of Status) petition qualifies as such. Those U.S. visa holders already in the United States, like H-1Bs and F-1s, who concurrently file for their EB-5 visa on or after the deadline are also included.
“Given the long processing time of I-765 applications and the fact that the EAD automatic extension was taken away, we will definitely see more employment interruptions for EB-5 investors,” Oliver Yang from Reid & Wise explains. “I also think we will see more expedited request submissions for I-765 applications. This will not impact the ability for eligible investors to file I-485 concurrently with their I-526E.”
Concurrent filing allows applicants to submit Form I-526 for EB-5 visa classification at the same time as Form I-485 to remain in status. They can also apply for work permits (EAD) and travel permits (Advance Parole). This pathway has been particularly popular among petitioners from China and India seeking to address backlogs in the EB-5 set-aside reserved categories.
If their petition begins on Dec. 5, the EAD will be valid for up to 18 months under the new rules.
Yiran Cheng, Head of Communications of the American Immigrant Investor Alliance (AIIA), cautions that the measure could make concurrent filing less appealing.
“The sharp reduction in EAD validity, combined with the ongoing multi-year backlog for Chinese and Indian applicants in the set‑aside categories, will make concurrent filing under EB‑5 far less attractive, as petitioners face higher renewal fees, potential employment gaps caused by delayed work permits, and greater uncertainty throughout their waiting period,” he adds.
However, Wolfsdorf clarifies that the change pertains to concurrent filing and does not impede this immigration process.
“This won’t hinder concurrent filing — it simply means USCIS is charging more for the privilege of waiting, but if we get retrogression, then they get to collect more fees,” he adds. “The new rule tightens screening but doesn’t touch the core eligibility for concurrent filing; the only thing increasing is collecting more filing fees, not the risk. So concurrent filers remain unaffected — the process stays intact, only the paperwork and price tag get heavier.”
Cheng anticipates the situation would lead to general anxiety among EB-5 applicants awaiting their conditional green cards, as they rely on their EAD renewals every other year.
These changes stem from the One Big Beautiful Bill Act, signed into law on Jul. 4, 2025.
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