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Questions and Answers > EB-5 Investments

What are the rules and requirements regarding my employment in the U.S. after filing an EB-5 visa application?

What are the employment rules right after filing my EB-5 I-526 petition? Can I work in the U.S. after putting the money in escrow for EB-5 and initiating my application? If not, what additional permits would I need?

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Answers

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    After you file your I-526 petition, you are not authorized to work. When you become a conditional permanent resident, you are authorized to work.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Generally speaking, if there is a properly filed I-526 petition and concurrent adjustment of status application filed, you can expect to receive unrestricted permission to be employed in the US for an initial two year period but that is renewable if the application is not adjudicated within that time and a visa available.

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    Steffanie J Lewis

    Immigration Attorney
    Answered on

    Work authorization is granted after you file Form I-485 so that you might work while USCIS is processing your Form I-485. If you are outside the United States, you will not file Form I-485, but will process through the U.S. Embassy in your country. If you are in the United States, after filing Form I-526 and if an EB-5 visa is immediately available to persons from your native country, you can file Form I-485 and concurrently file for work authorization (Form I-765). I strongly recommend that you hire a credible EB-5 attorney to guide you to a broker who can give your optional investment opportunities and to someone to assist with your due diligence before you invest. EB-5 is a valuable opportunity but a lot of money can be lost because there is no guarantee that an investment will not fail.

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    F Oliver Yang

    Immigration Attorney
    Answered on

    The mere filing of I-526 confers no immigration benefits. However, you may be eligible to concurrently file I-485, which would give you employment authorization after it is approved.

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    Dennis Tristani

    Immigration Attorney
    Answered on

    Filing an I-526 petition in and of itself does not provide the investor with any ancillary benefits, such as a work permit. If you filed your I-526 petition concurrently with an I-485 application to adjust status (along with an I-765 work permit application), then you will be eligible to work in the U.S. once you receive your work permit in approximately 4 months or so. If you filed your I-526 petition outside the U.S., you will need a separate temporary visa (such as H-1B, L-1, E-2) to work in the U.S. while the I-526 is pending.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    In order to work in the U.S. you need to either have an underlying work nonimmigrant status allowing you to work OR simultaneously file the I-485 including temporary work authorization (I-765) and temporary right to travel (I-131). Once these are approved, the I-765 EAD card allows you to work while the I-526 is pending.

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    Stephen Berman

    Immigration Attorney
    Answered on

    No, you could not. But if you file an I-485, you can apply also for permission to work. It is now taking less time to process work permits than before; often they get approved in 30 days or so.