Many EB-5 applicants breathe a sigh of relief once they receive their Employment Authorization Document (EAD) and Advance Parole (AP). These benefits allow applicants to work and travel while waiting for a green card, but there’s an important consideration to keep in mind.

Using your EAD or Advance Parole will directly impact your underlying visa status, so it’s essential to understand how the use of these documents interacts with your current immigration situation. With the right guidance, you can make informed decisions that protect your future in the US.

What Happens When You Use Your EAD or AP

Once you begin using your EAD or AP, you’re no longer maintaining your previous nonimmigrant visa status (such as H-1B or F-1). This change occurs automatically, meaning that even if you originally entered the U.S. under a different visa, relying on your EAD or AP shifts your immigration standing.

For example, if you use your EAD to work, you must use your AP to travel and re-enter the United States. The two go hand-in-hand, and you can’t mix them with your old visa status.

The Risk If Your EB-5 Petition Is Denied

If your EB-5 application is denied, both your EAD and AP become invalid immediately. This means you can no longer rely on them for work authorization or travel. Unless you obtain another valid immigration status to remain in the country, you will be required to leave the US.

For these reasons, it is a good idea to maintain a valid non-immigrant status while your EB-5 green card petition is pending. Doing so helps protect your legal stay in case your EB-5 case doesn’t go as planned.

Always Consult With an Immigration Attorney

Before using your EAD or AP, speak with a qualified immigration attorney. Every case is unique, and your attorney can advise whether using these benefits is the best move based on your situation and visa history.

At PSBP Law, our attorneys provide strategic, personalized guidance to help EB-5 investors and other applicants make informed decisions about their immigration journey.

Conclusion

Your EAD and AP offer valuable flexibility, but they also carry important implications. Once you use them, you’re no longer considered to be holding your previous visa status. Always plan ahead, consider maintaining a valid non-immigrant status until your EB-5 green card is approved, and consult an immigration professional before taking action.

📩 Have questions about your EAD, AP, or EB-5 petition? Contact Jacqueline Trevino at jtrevino@psbplaw.com for clear, informed legal guidance.