Form I-765 EB-5: applying for an EAD work permit while the I-485 is pending

Form I-765 EB-5 is the application for an Employment Authorization Document (EAD) for EB-5 investors in the United States who have filed, or are awaiting approval of, Form I-485. It allows the investor and dependent family members to work freely in the United States while waiting for the conditional green card to be approved — which usually takes from a few months to a few years.

For investors living in the United States on nonimmigrant visas such as F-1, H-1B, L-1, E-2 or B-1/B-2, Form I-765 EB-5 opens up the ability to work for any employer in the United States — quite different from the employer-specific limits of nonimmigrant work visas. This article analyses in detail the category code, the filing, processing times and the points to note when filing this form.

What Form I-765 EB-5 is

Form I-765 (Application for Employment Authorization) is the general work authorisation application issued byU.S. Citizenship and Immigration Services (USCIS). It is used by many different groups: adjustment of status applicants, refugees, F-1 OPT students, dependent spouses in H-4, L-2 and E-2 status, and many other categories.

In the context of thevisa EB-5, Form I-765 is used by investors who have filedI-485to apply for an EAD while awaiting approval. This is a benefit for the investor and dependent family members under INA Section 274A and 8 CFR 274a.12.

The EAD is issued as a physical card with a limited validity (usually 1–2 years) and can be renewed until the I-485 is approved. Once the I-485 is approved, the EAD is no longer needed because the conditional green card already allows the holder to work freely.

Category code (c)(9) for EB-5 cases

Each I-765 application must state the eligibility category code that matches the applicant’s status. For EB-5 investors who have filed an I-485, the applicable category code is (c)(9).

Under 8 CFR 274a.12(c)(9), category code (c)(9) applies to:

• Applicants who have filed Form I-485 and are awaiting approval
• All employment-based categories, including EB-1, EB-2, EB-3, EB-4 and EB-5
• Both the principal investor and dependent family members (spouse and children under 21)

Stating the correct category code is key because:

• The wrong code can lead to a denial or a Request for Evidence (RFE)
• Fees and filing requirements differ between categories
• Processing times also differ by category

Besides (c)(9), EB-5 investors may sometimes be eligible for an EAD under other categories (for example, if their current visa carries work authorisation). However, for the purpose of moving to EB-5 and working freely while the I-485 is pending, (c)(9) is the standard category.

How the EB-5 I-765 differs from the general I-765

Although they use the same Form I-765, EB-5 applications differ in some ways from general I-765 applications in other categories. Understanding these differences helps avoid mistakes when preparing the application.

The fundamental differences between the two cases:

Factor	I-765 EB-5	I-765 in other categories
Eligibility category	(c)(9) — based on a pending I-485	Various: (a)(8), (a)(12), (c)(3), (c)(8)…
Main supporting document	The I-485 Receipt Notice	Documents corresponding to the category
Fee once the I-485 has been filed	Free (I-485 fee already paid)	Separate fee depending on the category
Scope of work	No employer restriction	Depends on the category; may be restricted
Processing time	2–7 months (according to USCIS data)	Varies by category
Combo card with the I-131	Yes	Depends on the category

The most important difference is this: for EB-5 cases where the I-485 has been filed, the investor does not pay a separate I-765 fee. The fee is already included in the I-485 fee. If USCIS charges a separate fee, it is an error that should be challenged.

Documents to file with the EB-5 I-765

An I-765 EB-5 application is much simpler than an I-485 filing because most of the eligibility documents were already filed with the I-485. Even so, all mandatory documents must still be prepared.

Core documents for an I-765 EB-5 application:

• The completed Form I-765
• A copy of the Receipt Notice (I-797C) for the filed I-485
• A copy of the Receipt Notice for theI-526E(if applicable) or the I-526E approval notice
• A copy of the passport information page
• A copy of Form I-94 showing entry and exit history
• 2 visa photos, 2×2 inches, as required by USCIS
• A copy of the previous EAD card (if applying for a renewal/replacement)

Some optional but recommended documents:

• A copy of the current visa in the passport
• A copy of the marriage certificate (for dependent spouse applications)
• A copy of the birth certificate (for dependent child applications)
• A letter confirming the intended job (not mandatory but can be helpful)

For investors filing the I-765 together with the I-485 (concurrent filing), the I-765 is filed in the same package as the I-485 and I-131. USCIS reviews all three forms at the same time but may decide on each form separately.

Filing fees for Form I-765 EB-5

The I-765 fee depends on the filing situation. For EB-5 investors in category (c)(9), the fee rules are set out specifically.

I-765 EB-5 fee scenarios:

• Filed together with the initial I-485: free (I-485 fee already paid)
• Filed after the I-485 has been filed (under the same principal case): free
• Renewing the EAD while the I-485 is still pending: a separate fee under the current USCIS fee schedule
• Replacing a lost, stolen or damaged EAD: a replacement fee applies

Specific fees are published by USCIS on its official website and may change periodically. Investors should check the fees in effect at the time of filing.

Since 01/09/2022, USCIS has not accepted combined payments for the I-526E and accompanying forms such as the I-485, I-131 and I-765. Each form requires a separate payment where a fee applies.

The combo card: EAD and Advance Parole combined

One particular benefit of filing the I-765 and I-131 together is the possibility of receiving a combo card — a single physical card combining both the EAD and Advance Parole. This is a convenience USCIS offers specifically to adjustment of status applicants.

Features of the combo card:

• A single physical card instead of two separate cards (EAD + Advance Parole)
• Allows both working freely and travelling internationally without abandoning the I-485
• Usually valid for 1–2 years and renewable
• Saves processing time compared with issuing each card separately

To receive a combo card, the investor must file the I-765 together withI-131. If only one of the two forms is filed, USCIS will only issue the corresponding card (a separate EAD or Advance Parole).

In USCIS’s internal system, the combo card is tracked with event code C55, while a standard EAD uses C33 (production) and C35 (mailed).

Form I-765 EB-5 processing times

Form I-765 EB-5 processing times in 2026 vary quite widely depending on the USCIS service centre, the complexity of the application and the filing method (online or paper).

According to 2026 USCIS data, I-765 processing times for category (c)(9) are usually:

• 80% of cases completed: 2–7 months
• Some fast cases: under 60 days (especially when filed online)
• Some slow cases: over 9 months (with an RFE or an overloaded service centre)

Factors affecting processing time:

• The service centre handling the application
• The completeness and accuracy of the initial filing
• Whether separate biometrics are required (usually not for EB-5 (c)(9))
• USCIS’s workload
• Filing method: online is usually faster than paper

Investors can follow official processing times on theUSCIS Case Processing Timespage. It lets you look up times by specific form and service centre.

The benefits of an EAD for EB-5 investors

An EAD brings many important benefits for EB-5 investors waiting for I-485 approval. Understanding these benefits helps investors make the most of the transition period.

The specific benefits of an EAD:

• Working freely: for any employer in the United States, with no restriction on occupation or location
• Self-employment: starting a business, working as a freelancer or contractor
• Opening bank accounts and credit cards: as a lawful resident
• A Social Security Number: registering for an SSN to pay taxes and use financial services
• A driving licence: many states accept the EAD as proof of residence
• Healthcare and insurance: joining many health insurance programmes

The EAD is especially valuable for dependent family members (spouse and children under 21) because it lets them work in the United States even if their nonimmigrant visa does not. This is a core difference from some nonimmigrant work visas under which only the principal worker may work.

Limitations and notes when using an EAD

Despite opening up many benefits, the EAD still has some important limitations and points investors need to know.

Limits on participation in government

The EAD does not allow you to:

• Work in federal government agencies that require US citizenship
• Vote in elections
• Apply for a US passport
• Sponsor relatives in categories reserved for citizens or lawful permanent residents

Notes on EAD validity

The EAD is usually valid for 1–2 years and must be renewed if the I-485 is still pending. The renewal should be filed up to 180 days before the current EAD expires to avoid any interruption in work authorisation.

USCIS has rules on automatic extension for pending I-765s. For category (c)(9), if the investor files an EAD renewal before the current EAD expires, the EAD is automatically extended by up to 540 days while USCIS processes the renewal.

Notes on tax obligations

When using an EAD and working in the United States, the investor becomes a “tax resident” under Internal Revenue Service (IRS) rules. This means:

• Reporting worldwide income on US tax returns
• Paying personal income tax in the United States
• Possible obligations to report foreign assets (FBAR, FATCA)

Investors should consult an international tax specialist to develop an optimal strategy before starting work in the United States with an EAD.

The I-765 EB-5 filing process step by step

Filing the I-765 EB-5 is a relatively simple process if the I-485 filing has been well prepared. The step-by-step process is as follows.

Step 1: Prepare the application

Gather all the necessary documents, including the I-485 Receipt Notice, a copy of the passport, Form I-94 and visa photos. Complete Form I-765 in full with category code (c)(9).

Step 2: File the application

File the I-765 using one of two methods:

• Online: create an account at my.uscis.gov and file electronically (recommended because it is faster)
• Paper: send it by post to the appropriate USCIS lockbox address

Investors filing together with the initial I-485 can send the package with the I-485 and I-131 to the same address.

Step 3: Receive the Receipt Notice

After about 2–4 weeks, USCIS sends an I-797C Receipt Notice confirming receipt of the application. The notice has a receipt number for tracking status online.

Step 4: Biometrics (if required)

For category (c)(9), USCIS usually does not require separate biometrics for the I-765, since they were taken with the I-485. In some special cases, however, USCIS may request them again.

Step 5: Approval and receipt of the EAD

Once the I-765 is approved, USCIS produces the EAD card (or a combo card if filed together with the I-131) and sends it by post within 2 weeks. The card is usually valid for 1–2 years from the approval date.

Conclusion

Form I-765 EB-5 is an important document that allows the investor and dependent family members to work freely in the United States while the I-485 is pending. For investors usingadjustment of statusand especially concurrent filing, filing the I-765 together with the I-485 and I-131 opens up the possibility of a combo card combining both the right to work and the right to travel internationally.

An I-765 EB-5 application is simpler than an I-485 but must still be prepared accurately with category code (c)(9), the I-485 Receipt Notice and personal documents. Combining the I-485, I-765 and I-131 in one concurrent filing package is what gives the AOS option its strength over consular processing — letting investors maintain their life and career in the United States from the very start of the journey to aUS permanent resident card.