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
Belma Demirovic Chinchoy
Immigration Attorneys DirectoryIf you are eligible to file I-485, then you are eligible to file I-765.
Bernard P Wolfsdorf
Immigration Attorneys DirectoryYou can apply for an EAD with your I-485, if your priority date is current.
Micol Mion Gordon
Immigration Attorneys DirectoryYou 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 Attorneys DirectoryYou may apply for EAD when filing I-485 and I-131. You need to file I-765.
Carolina Kripinski
Immigration Attorneys DirectoryYou 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 Attorneys DirectoryYes, 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.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.