Questions and Answers > EB-5 Investments

How can I apply for an EAD while my EB-5 I-526 is pending?

I have applied for an EB-5 I-526 in Nov 2019. Currently I am in the US on an H-1B visa. Since I am eligible for concurrent filing, I will be applying for an I-485 and I-131 based on my pending I-526. Can I apply for an EAD along with the I-485, or do I need to wait until the I-526 is approved?

Answers

• Daniel A Zeft

  Immigration Attorney

  Answered on February 14, 2023

  You can file I-765 with I-485.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on February 13, 2023

  If you are eligible to file I-485, then you are eligible to file I-765.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on February 10, 2023

  You can apply for an EAD with your I-485, if your priority date is current.

• Micol Mion Gordon

  Immigration Attorney

  Answered on February 9, 2023

  You can apply for an EAD by filing Form I-765 jointly with Form I-485. The category for your eligibility for the I-765 is C9.

• Julia Roussinova

  Immigration Attorney

  Answered on February 9, 2023

  You may apply for EAD when filing I-485 and I-131. You need to file I-765.

• Carolina Kripinski

  Immigration Attorney

  Answered on February 8, 2023

  You can file for the work authorization (Form I-765) concurrently with the I-485 and the I-131. You do not need to wait for the I-526 approval. This is one of the improvements of the EB-5 program.

• Benjamin Hu

  Immigration Attorney

  Answered on February 8, 2023

  Yes, the I-765 can be filed along with the I-485, or after the I-485 has been filed. If the I-765 is submitted after the I-485 has been filed, the applicant should take care to cite the I-485 case number, as well as paying close attention to the filing fees. EAD applications filed at the same time as I-485 usually do not have a separate filing fee - but an I-765 filed afterwards usually does require a filing fee. It is best to consult with an immigration attorney to avoid errors in filing.