I recently filed for EB-5 adjustment of status. Can I work while my application is pending?

It depends. Most immigrants who have filed for EB-5 adjustment of status—Form I-485—are able to work as long as they have acquired an employment authorization prior to filing. It may take some time for USCIS to process your application, so it is important that your work authorization extends for the full length of time it takes to grant you your adjustment of status.


Here are a few things to remember about filing for adjustment of status:


  • All applicants must obtain employment authorization unless they were admitted to the U.S. under a non-immigrant status that acknowledges employment authorization.
  • Immigrants who are self-employed must still apply for employment authorization.
  • Employment authorization applications typically take between 60 and 90 days to be adjudicated. If the immigrant’s application requires additional information or extended background checks, the decision may take longer.
  • Applicants may be granted up to a year of employment authorization while the AOS process is completed. If the application process takes longer than one year, the applicant may have to re-apply for employment authorization.


It is important to keep your work authorization current and to apply for a renewal well in advance of an expiry date. Any length of U.S. employment without authorization may jeopardize your visa status and your family’s ability to apply for permanent residence. If you are unsure of your work status, our San Francisco EB-5 attorneys can advise you on what steps you need to take to maintain legal residency.


Call Jatoi & de Kirby, APC today at 415-221-2345 for more information, or order our FREE guide, Investor's Path to a Green Card: How Investing in America Can Put You and Your Family on the Path to Greater Wealth and U.S. Permanent Residency.

Vaughan de Kirby
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San Francisco California EB-5 Investment Immigration Attorney

EB-5 Extended to December 11th, 2020

Obtain a United States Green Card with a qualified investment of $900,000 in a USCIS Approved Regional Center. We have set our clock to December 11th 2020, however Congress is considering new legislation which will increase the qualified investment to $1,000,000. This change could happen at any time and the $1,000,000 could become the law with little or no notice. If a Green Card is important to you and your family please contact our office immediately.

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