Does the EB-5 give me any temporary status while I wait?

Not automatically. On its own, the EB-5 does not grant temporary status to live or work in the United States while the petition is under review. It is a pathway to permanent residence, and the benefits arise at later stages of the process.

If you do not yet have another legal status in the U.S. (for example, you are outside the country or entered on a different visa), the EB-5 itself does not generate temporary authorization during processing. The path begins with the investor petition and moves toward conditional residence only after approval and once an immigrant visa becomes available.

Those who are already lawfully in the United States may, in certain cases, file the adjustment of status application alongside the EB-5 process. When applicable, this can open the door to temporary work authorizations (EAD) and travel authorizations (Advance Parole) while the adjustment is being reviewed.

• The EB-5 alone does not grant automatic temporary status to those outside the country or without legal status.
• Being lawfully present in the country may allow filing for adjustment of status concurrently.
• Work and travel authorizations depend on the specific circumstances of each case.

Since every situation has its own particularities, verify the current rules with USCIS and seek guidance from a specialist before counting on any temporary benefit.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.