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

The EB-5 visa is an investment pathway that, once approved, can lead to obtaining a conditional permanent resident status (the “conditional green card”) valid for two years. However, it is common to have questions about whether, while your process is underway, you would have any kind of temporary status allowing you to live or work in the United States.

If you do not yet qualify for any other legal status in the U.S. – for example, if you are outside the country or entered with a different visa – the EB-5 by itself does not automatically offer temporary authorization while the application is being processed. The vast majority of investors start the process by submitting Form I-526 (the investor petition) and only after its approval and when an immigrant visa becomes available does the process to obtain conditional resident status begin.

However, if you are already in the United States legally, there may be the possibility to file Form I-485 (adjustment of status application) simultaneously with the EB-5 petition. This action, when approved, can grant temporary employment authorization (EAD – Employment Authorization Document) and travel documents (Advance Parole) while your adjustment of status is processed. These benefits, however, depend on meeting specific criteria and on your legal status in the country.

Always remember the importance of strictly following immigration laws. It is essential to seek guidance from reliable sources and qualified specialists in the field – avoid falling for scams or marketing campaigns that promise guaranteed results. Each case has its particularities, and therefore, staying informed and secure throughout the process is crucial to avoid unpleasant surprises.

I hope this explanation has clarified your doubt. If your case has specific details, it is advisable to consult a trusted professional for guidance tailored to your situation.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.