Questions and Answers > EB-5 Forms

How can I get an EAD with a pending EB-5 application?

I have read that after the RIA you can file your EB-5 I-485 concurrently with I-526 and even get an Employment Authorization Document. This seems like getting some green card benefits without having one. What is the general processing time for I-485, and can you get an EAD faster than I-526 approval? Are there any extra steps or requirements?

Answers

• Lynne Feldman

  Immigration Attorney

  Answered on March 20, 2023

  Yes, the EAD is considered an interim benefit while the I-485 is pending even if the I-526 is not yet approved.

• Daniel A Zeft

  Immigration Attorney

  Answered on March 17, 2023

  If you file an I-526 petition, an I-485 application, and an I-765 application concurrently, then you can obtain an EAD while the I-526 petition and I-485 application are pending.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on March 15, 2023

  If there is a visa number available and you are in lawful status and otherwise admissible, you may be eligible for concurrent filing and within about 3-4 months of filing you should be issued an EAD temporary unrestricted employment authorization. This is one of the biggest benefits of the new RIA law Biden signed in March 2022.

• Carolina Kripinski

  Immigration Attorney

  Answered on March 14, 2023

  If you are in the U.S. with a valid status, you can apply for a Change of Status (COS) for Permanent Residency and work and travel authorization. Although the I-485 can take a while as it depends on the approval of the EB-5, having the work and travel authorization, it is said, is like having a green card in the sense that you can work, apply for social security and travel outside the USA. The work and travel authorization usually takes 4-8 months.

• Dennis Tristani

  Immigration Attorney

  Answered on March 14, 2023

  One of the benefits of filing Form I-485 is that you are able to concurrently file Form I-765 (EAD) and Form I-131 (Advance Parole). The approval of the I-485 will be expressly conditioned on the initial approval of the I-526 petition. However, you can expect your EAD card to be issued within 4-6 months based on current processing.

• Phuong Le

  Immigration Attorney

  Answered on March 14, 2023

  EAD request will be submitted with your I-485 petition. It will definitely be faster than your I-526 petition (most EADs come in about 4 months). Note that while you can concurrently file the 485, USCIS will not touch it until your 526 is approved. The EAD and travel document is the pragmatic compromise that allows you to live/work/travel in the US until the main petitions are approved, however.