How EB-5 Investors and Their Families Can Live and Work in the U.S. While Their Green Card Is Pending (2026 Guide)
The EB-5 Immigrant Investor Program remains one of the most attractive pathways to U.S. permanent residency for international investors seeking greater global mobility, business opportunities, and long-term security. Following the passage of the EB-5 Reform and Integrity Act (RIA), one of the program’s most significant advantages is the ability for many eligible applicants already in the United States to benefit from concurrent filing.
For qualified investors, concurrent filing may allow them and their eligible family members to remain in the United States, obtain work authorization, and continue their education while their EB-5 petition is being processed.
For families working with an experienced EB-5 investment immigration advisor, this has become one of the most valuable features of the modern EB-5 program.
What Is the EB-5 Immigrant Investor Program?
The EB-5 Immigrant Investor Program, administered by USCIS, provides eligible foreign nationals with a pathway to lawful permanent residency through a qualifying investment in the in the U.S.economy that creates American jobs.
As of 2026, investors generally must:
· Invest $800,000 in a qualifying Targeted Employment Area (TEA) project, including Rural or High-Unemployment TEA projects; or
· Invest $1,050,000 in a non-TEA project;
· Create or preserve at least 10 full-time jobs for qualified U.S. workers;
· Demonstrate that the investment capital was obtained through lawful means; and
· Meet all applicable EB-5 source of funds documentation requirements.
Many investors choose an EB-5 Regional Center project because these investments often provide professionally managed projects and allow indirect job creation under USCIS regulations.
The EB-5 Reform and Integrity Act Changed the Process
The EB-5 Reform and Integrity Act of 2022 (RIA) introduced the most significant modernization of the program in decades. Among its most important provisions was the creation of concurrent filing for eligible applicants already present in the United States.
Before the RIA, investors generally had to wait until their Form I-526 petition was approved before applying to adjust status.
Today, many eligible applicants can file the following forms simultaneously:
· Form I-526E – Immigrant Petition by Regional Center Investor
· Form I-485 – Application to Register Permanent Residence or Adjust Status
· Form I-765 – Application for Employment Authorization
· Form I-131 – Application for Advance Parole (travel authorization)
This streamlined process allows many investors to begin building their lives in the United States much sooner while their EB-5 petition is under review.
Living in the United States While Your EB-5 Case Is Pending
Once an eligible applicant properly files an Adjustment of Status application, they may generally remain lawfully in the United States while USCIS processes the case, provided they continue to meet all applicable immigration requirements.
This benefit can be particularly valuable for individuals currently in the U.S. on visas such as:
· H-1B specialty occupation visas
· F-1 student visas
· L-1 intracompany transferee visas
· E-2 treaty investor visas
· H-4 dependent visas
· F-2 dependent visas
Rather than facing uncertainty over visa renewals or changing immigration status, many families can continue living in the United States while pursuing permanent residency through the EB-5 program.
Employment Authorization Through Concurrent Filing
One of the most significant benefits of concurrent filing is eligibility to apply for an Employment Authorization Document (EAD).
After filing Form I-765, eligible applicants may receive authorization that allows them to:
· Work for almost any employer in the United States
· Start or operate their own business
· Change employers without relying on employer sponsorship
· Pursue new career opportunities with greater flexibility
Unlike employer-sponsored work visas such as the H-1B, an approved EAD generally provides open-market employment authorization, offering professionals and entrepreneurs significantly greater career flexibility.
Benefits for Spouses and Children
The advantages of concurrent filing extend beyond the principal investor. Eligible family members typically include:
· A spouse
· Unmarried children under 21 years of age (subject to applicable immigration laws, including the Child Status Protection Act where applicable)
Eligible dependents may also benefit by:
· Applying for employment authorization
· Living legally in the United States while the Adjustment of Status application is pending
· Attending public or private schools
· Enrolling in colleges and universities
For many international families, these educational and employment opportunities are among the most compelling benefits of the EB-5 program.
Understanding EB-5 Source of Funds Requirements
One of the most important and often most complex parts of an EB-5 application is documenting the lawful source of investment funds.
USCIS carefully reviews the origin and movement of the invested capital to verify that it was legally obtained.
Common lawful sources include:
· Business income
· Employment earnings
· Sale of real estate
· Investment income
· Dividends
· Gifts from qualifying family members
· Inheritance proceeds
Preparing comprehensive financial documentation early in the process can help minimize delays and Requests for Evidence (RFEs).
Working with experienced immigration counsel and qualified EB-5 advisors is essential to presenting a well-documented source-of-funds package.
Why Investors from the UAE Continue to Choose EB-5
Interest in investment immigration continues to grow throughout the Middle East, particularly among investors based in the United Arab Emirates.
Many families work with an EB-5 advisor in Dubai to pursue:
· Long-term U.S. permanent residency
· Greater educational opportunities for children
· Business expansion into the U.S. market
· Increased international mobility
· Career flexibility for spouses and dependents
The availability of concurrent filing and work authorization has made the EB-5 program even more attractive for investors already present in the United States.
Choosing the Right EB-5 Advisory Team
An EB-5 investment is both a significant financial decision and an important immigration process.
Selecting experienced professionals can help investors better understand project selection, documentation requirements, compliance obligations, and immigration strategy.
Before committing to an EB-5 project, investors should carefully evaluate:
· The Regional Center’s track record
· USCIS approvals and compliance history
· Job creation methodology
· Financial structure and transparency
· Exit strategy
· Investor communication and reporting
· Independent legal and financial guidance
Comprehensive due diligence is essential before making any investment decision.
Final Thoughts
The EB-5 program continues to provide one of the most effective pathways to U.S. permanent residency for qualified international investors.
Through concurrent filing, many eligible applicants can begin living, working, and building their future in the United States while their immigration case is pending—providing flexibility that was not available under previous EB-5 rules.
Whether your goals include expanding your business, providing world-class educational opportunities for your children, or establishing long-term residency in the United States, the EB-5 program offers a unique combination of immigration and investment benefits.
At Arcasia Advisors, we help investors navigate every stage of the EB-5 journey—from project evaluation and due diligence to coordination with experienced immigration attorneys and ongoing support throughout the investment process.
Disclaimer: This article is provided for general informational purposes only and should not be considered legal, investment, tax, or immigration advice. Investors should consult qualified immigration attorneys, financial advisors, and tax professionals before making any investment or immigration decisions.
