How does concurrent filing for EB-5 impact the EAD timeframe for Indian nationals?

The EB-5 investment should be made before the I-526 petition is filed.

EAD processing is much faster - probably within 6 months of receipt. While the regulations allow "in the processing of investing" as a practical matter, it is best to file in one amount prior to your filing.

I would expect (not guaranteed) EAD in much less than a year. Money must be fully invested before filing.

Currently, we see EADs issued within 4-5 months from the date of filing. Regarding investment, it depends on where you invest. Phased-in investment is allowed under the regs, but most RCs are not structured for it. If you are pursuing a direct, then yes, you can do a phased-in investment.

If you decide to invest 800,000 with a regional center, your investment will be wired to the escrow account of the project at the onset. If you decide to do a direct investment, you will need to demonstrate that you have the money ready to be invested and will need to provide a business plan showing how the money will be deployed. You can check the processing times for I-765, application for employment authorization category c9 online.

If you file your I-526 petition concurrently with Form I-485 to adjust status in the U.S., you will be able to also file for your EAD on Form I-765. These are being processed in 4-6 months after applying. Immigration law confirms that you must be in the process of investing when you file your I-526 petition and be committed to investing the entire amount (800k). In practice, this does allow for you to invest a base amount when filing your I-526 and be contractually committed to investing the remaining amount (whether through a promissory note or other binding instrument). Most regional centers will require you to invest the remaining amount within 6-12 months after your I-526 is submitted.

EAD timing varies. Currently, they are running around 4 months for concurrently filed I-485s. However, for a while, they were taking a year or more. Our experience is that older filed 485s are having a longer wait than newer filed I-485s, but with USCIS, the timing is inherently unpredictable. You can be “in the process of investing” at the time you file the I-526, provided you have identified the source of capital and have an agreement to deposit the total funds within 2 years. Also, you must make an initial investment large enough to demonstrate your commitment. $10,000 or $50,000 out of $800,000 is likely not going to cut it. You need to consult directly with an experienced immigration attorney to structure this transaction because it adds an element of risk to the petition. If not done right, you could get denied.

If you invest in a regional center or rural zone, you can adjust status and the work authorization will arrive between 6-8 months after applying. Whether you need to pay the whole amount depends on the regional center. However, by our experience, the payment is done ab initio before applying.

We are seeing EB-5-based EADs coming in in about 3-4 months from filing the adjustment of status package concurrently with the 526E. Partial funding is acceptable but not safe to do so in all cases. This is where working with an experienced EB-5 attorney can add real value.