Differences Between an EAD and an EB-5 Green Card

If you are planning to live and work in the United States, one of the most important steps is choosing the right immigration path. While there are many visa and work permit types out there, two of the most popular ones are the employment authorization document (EAD) and the EB‑5 Green Card.

Understanding the key differences between these options is important because your decision affects more than just your job. It influences your ability to travel, start a business, sponsor family members, or even qualify for citizenship.

In this article, we will talk about the differences between an EAD and an EB‑5 Green Card, and explain your best options when it comes to working in the U.S. long term.

What Is an Employment Authorization Document?

An employment authorization document or work permit is a temporary permit that allows noncitizens to legally work in the U.S. for a certain period. This document does not give you permanent resident status or make you a Green Card holder. Instead, it allows you to work while staying in the U.S. under a temporary visa status or while you are applying for another immigration benefit.

Previously, EADs were issued for two to three years. However, the USCIS policy update in 2023 extended this timeline: EADs are now issued with a five-year validity, reducing the need for numerous renewals in cases of Green Card adjudication delays. That said, here is an overview of how to get a work permit:

• Complete Form I-765: You can fill out Form I-765 online or on paper.
• Gather supporting documents: These include your visa, passport, photos, and proof of status.
• Submit your application to USCIS: Processing times range from a few weeks to months, depending on your category and service center. Once approved, you will receive your EAD card via mail.

Who Qualifies for an EAD?

You can apply for an EAD if you are already in the U.S. and meet certain conditions. Some common groups that qualify include:

• Applicants with pending Green Card applications or Form I-485.
• Applicants for adjustment of status in other categories.
• F-1 students with optional practical training (OPT).
• Asylum seekers.
• H-4 spouses of H-1B visa holders (under certain rules).
• Deferred action for childhood arrivals (DACA) recipients.
• Temporary protected status (TPS) holders.

EAD Benefits

An EAD offers you the following advantages if you are already in the U.S.:

• Work authorization: You can work for any U.S. employer, full-time or part-time, unless your specific category limits it.
• Legal stay: If tied to a valid visa or pending Green Card application, your stay is lawful.
• Flexibility: You can change jobs without needing employer sponsorship in most cases.

What Is an EB‑5 Green Card?

The EB-5 Immigrant Investor Program gives foreign nationals the chance to earn U.S. Green Cards by investing in American businesses. To qualify, you must invest in a new commercial enterprise that creates at least 10 full-time jobs for U.S. workers. In comparison to the temporary EAD, an EB-5 visa leads to lawful permanent residency.

To get permanent residency or a Green Card, you would have to:

• Invest the required capital: You must invest $800,000 if the project is in a rural or high-unemployment area, or $1,050,000 in other locations.
• File Form I-526E: You will need documents such as your proof of investment and job creation plan to file Form I-526E.
• Apply for conditional permanent residency: If you are in the U.S., you will file Form I-485 to adjust your status. Alternatively, you will file DS-260 if you are abroad. If you are in the U.S. and a visa is immediately available to you, you can benefit from concurrent filing and apply for your Green Card while filing your Form I-526E.
• Receive a conditional Green Card: If your Form I-485 or DS-260 is approved, you can live in the U.S. for two years as a conditional Green Card holder.
• File Form I-829: 90 days before the conditional Green Card expires, you can file Form I-829 to remove conditions and get a 10-year renewable permanent Green Card.

Benefits of Being an EB‑5 Green Card Holder

The EB-5 Green Card gives you and your family many benefits that an EAD cannot offer, which include:

• Permanent residency: You can live and work anywhere in the U.S. without limits.
• No employer sponsorship: You can start a business and work anywhere because you are not tied to any company or job.
• Travel freedom: With a Green Card, you can travel in and out of the U.S. freely.
• Education benefits: Your children can attend U.S. public schools and pay lower in-state tuition for college.
• Path to citizenship: After five years as a permanent resident, you can apply for U.S. citizenship. Keep in mind that the two years of conditional residence count toward meeting the five-year legal residence requirement.
• Social benefits: With a U.S. Green Card, you can qualify for social benefits.
• Work authorization for family: Your spouse and unmarried children under 21 also get Green Cards and can work or study.

What’s the Difference Between an EAD and an EB-5 Green Card?

The major difference between an EAD and an EB-5 Green Card is that an EAD is a temporary permit that allows you to work in the U.S. under certain conditions, while an EB-5 Green Card offers lawful permanent residency through investment. While both documents allow employment, the EB-5 Green Card provides significantly more freedom, stability, and long-term benefits.

Here’s a side-by-side comparison to help you understand the key differences between the two.

	EAD (Employment Authorization Document)	EB-5 Green Card
Validity	Valid for up to 5 years (renewable depending on your underlying visa or pending petition).	Valid for 10 years (renewable); permanent U.S. residency.
Purpose	Authorizes temporary work while in valid nonimmigrant status or during pending immigration petition.	Grants lawful permanent residency through investment in a U.S. business.
Path to Citizenship	Does not lead to U.S. citizenship.	Leads to U.S. citizenship after five years of permanent residency.
Work Flexibility	May be tied to a specific visa or category; some restrictions may apply.	Complete freedom to work for any employer or start a business.
Travel Permissions	Requires separate travel authorization (advance parole) to leave and re-enter the U.S.	Allows unrestricted travel in and out of the U.S.
Family Benefits	Does not automatically cover family members; each must apply separately.	Spouse and unmarried children under 21 automatically qualify for Green Cards.

Contact EB5AN to Get Employment Rights Fast

If you currently rely on an EAD and feel limited by its short-term nature and other restrictions, you can consider transitioning to an EB-5 visa. With a Green Card, you have a more permanent solution that gives you and your family the freedom to live, work, and thrive in the U.S.

However, the EB-5 process requires careful planning, a clear investment, and reliable partners, and that’s where EB5AN can help. We have guided over 2,700 families from 70+ countries through the EB-5 process to become lawful permanent residents, and we can do the same for you.

Book a free consultation with us today to start your journey toward U.S. citizenship with a plan that works for you.