With more EB-5 investors taking advantage of concurrent filing, more investors are also obtaining an Employment Authorization Document (EAD Card). They obtain the work authorization by filing an I-715 at the same time as they file the I-485 (Adjustment of Status).
While some EADs are valid for up to five (5) years, many are valid for a shorter duration and may need to be renewed. If you or your spouse are working pursuant to an EAD, it is imperative that the renewal application be submitted on time, if not at the earliest possible moment.
There are certain EAD categories that benefit from an automatic 540-day extension upon the receipt of a timely filed EAD renewal. The categories can be found on the USCIS site. It is still recommended that an EAD holder file as soon as they can that is allowed by the category (typically 180 days prior to expiration) so that the EAD application is adjudicated, and the new EAD card is issued before expiration.
If the current EAD card has expired and the applicant is relying on the auto-extend provision, it is important that old EAD cards are not discarded, and that all cards are kept. This is because if the applicant is entering new employment, they will need to be able to show the old EAD card and the receipt notice indicating an automatic 540-day extension, if the new EAD card is not yet adjudicated or received yet. Please consult and plan with your immigration attorney on when to renew EAD applications.
The above article is intended for informational purposes only and is not based upon any specific set of facts. Anyone with specific questions or issues concerning EB-5 or H1-B should consult an immigration attorney.
