USCIS regulations regarding Employment Authorization Documents (EAD) are crucial for H-1B visa holders transitioning to EB-5 investor status. Investors are concerned about their EAD’s 18-month validity period, particularly if it expires while their EB-5 application is pending. However, the validity period begins upon issuance, not application, which can extend work authorization significantly.
Key Details:
- EAD validity starts on the issuance date, not the application date.
- Investors may have up to 30 months of work authorization from filing I-526E and I-485 before EAD expiration.
- Current processing times for rural EB-5 petitions typically do not exceed 30 months.
- EAD renewal applications can be filed up to six months before expiration, allowing continued work during the renewal process.
These factors significantly reduce the risk of work authorization lapses for most EB-5 investors pursuing rural projects.
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Source: EB-5 Visa Investors