I am a Chinese international student with an F1 visa. I want to start filing for EB-5. When will I get work authorization after getting I-526 approval?
An Employment Work Authorization (EAD) is not generally issued just because an I-526 has been approved. If you are in the U.S. on a valid non-immigrant visa, such as F-1, and you are eligible to file your I-485, Application to Adjust, then you can simultaneously file an application for EAD.
You can apply for your employment authorization document only when a visa number is available for those born in China, your I-526 petition is approved and you are eligible to apply for adjustment of status.
Once you file for adjustment of status, you can also file for a work permit.
Once a visa becomes available to you and you are able to file for Adjustment of Status, you can get work authorization. If you file the I-526 in 2020, and you were born in Mainland China, it will be some 8 to 12 years from now. If EAD is your goal, EB-5 is not the best solution, certainly not on its own. Speak with a lawyer.
No. You will not be eligible for an employment authorization document simply because the I-526 is granted. The EAD is available when an application for adjustment of status to permanent resident is pending. That application cannot be submitted until the I-526 is granted and the immigrant visa is available under the US quota system. Availability depends in part on the place of birth. The demand from prospective immigrants born in mainland China is greater than the annual supply and this results in longer waiting times for mainland China-born. Check the visa bulletin and you can see the monthly updates on availability.
A pending or approved I-526 petition does not provide any employment authorization. You need to have an available immigrant visa number, i.e., current priority date, in order to file your Form I-485, Application to Adjust Status, which provides the ability to apply for an employment authorization document (EAD) on Form I-765. Current I-765 processing is 5 to 6 months. Furthermore, since you are born in China, you must have a priority date earlier than 07/22/2015 in order to file Form I-485. It is more likely, depending on your actual priority date (the date you filed your I-526 petition), that you will receive OPT after the completion of your academic program under your F-1. If you qualify and have a sponsor, you should consider applying for the H-1B lottery, which occurs in March every year.
Not until you can file your I-485 adjustment of status, plus about six months. Since the EB-5 quotas from China are so far behind, you better seek another way to stay in the USA until your case is reached.
Not until your priority date is current and you can also file the I-485 with a request for an interim work permit.
If you are from China, you can only get a work permit after the second stage or adjustment of status application is filed. Since China mainland is backlogged, be prepared for a long wait, which can be many years.
Yes, and the key is "after I-526 approval." That needs to happen first. Then, a green card needs to be available (which, being Chinese, you may have additional waiting to do). Once you can file for your adjustment of status (green card) you include petitions for the temporary work permit (EAD) and travel permit (advance parole). EAD/AP can take 3 to 5 months.
