Form I-765 for EB-5 Investors: Work Permit (EAD) Guide

Q: Can my spouse and children also get work permits?

Yes. Derivative applicants (spouse and unmarried children under 21) who have pending I-485 applications may each file their own Form I-765 under the same (c)(9) category.

Q: What if my EAD expires before my green card is issued?

File a renewal I-765 before the current EAD expires. If filed timely, the investor receives an automatic extension of up to 540 days while the renewal is pending.

Q: Can I change employers with an EB-5 EAD?

Yes. An EB-5-based EAD under category (c)(9) provides open-market employment authorization. There is no employer restriction — the investor may work for any employer or be self-employed.

Q: What happens to my EAD if the I-526E is denied?

If the I-526E is denied and the I-485 is consequently denied, the EAD is no longer valid. Work authorization terminates when the underlying I-485 is no longer pending.

EB5Status

Form I-765

What Is Form I-765 for EB-5 Investors?

Application for Employment Authorization

Form I-765, Application for Employment Authorization, allows EB-5 investors to obtain a work permit (Employment Authorization Document, or EAD) while their I-485 adjustment of status application is pending.

For EB-5 investors, the I-765 is typically filed concurrently with Form I-485. It is not a standalone immigration benefit — it requires a pending I-485 as the underlying basis. The EAD allows the investor and eligible dependents to accept employment in the United States without restriction.

Official Data

Source: INA § 274A(h)(3); 8 CFR § 274a.12(c)(9)

Eligibility

An EB-5 investor is eligible to file Form I-765 if they have a pending Form I-485 based on the EB-5 preference category. The eligibility code on the I-765 form is (c)(9) — adjustment applicant.

The investor does not need an approved I-526E to file I-765 if the I-485 was filed concurrently. The I-765 is adjudicated based on the pending I-485, not the I-526E.

Eligible dependents (spouse and unmarried children under 21) who are included on a pending I-485 as derivative applicants may also file their own I-765 applications.

Official Data

Source: 8 CFR § 274a.12(c)(9); USCIS Policy Manual Vol. 10, Part B

EAD Processing and Validity

USCIS typically adjudicates the initial I-765 within a few months of the I-485 filing, though times vary. The EAD is issued as a card or combo card that also serves as an advance parole document.

The initial EAD is generally valid for two years. If it expires before the I-485 is adjudicated, the investor must file a renewal I-765 to maintain work authorization. There is an automatic extension period of up to 540 days for timely-filed renewal applications.

Official Data

Source: 8 CFR § 274a.13(d); USCIS Policy Alert, Oct. 2023

Filing Fees

Fee Component	Amount	Authority
Initial I-765 filed with I-485	$0 (included)	8 CFR § 106.2
Renewal I-765 (c)(9)	$410	8 CFR § 106.2

When Form I-765 is filed concurrently with Form I-485 for the first time, there is no additional fee — the I-765 fee is included in the I-485 filing fee under the April 2024 fee schedule.

Official Data

Source: USCIS Fee Schedule, effective April 1, 2024

Form I-765 FAQ

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Related Resources

Processing TimesCurrent USCIS processing time ranges for all EB-5 forms.Visa BulletinMonthly priority date cutoffs by country and category.EB-5 GlossaryDefinitions for TEA, RFE, priority date, and more.Grandfathering DeadlineSeptember 30, 2026 deadline and investment amount impact.All Filing GuidesBrowse guides for I-526E, I-485, I-829, and I-765.FAQAnswers to common EB-5 program questions.