The Importance of an Advance Parole and How EB-5 Investors Can Get One

The EB-5 Immigrant Investor Program is one of the employment-based visa options in the U.S. The program aims to boost economic growth by enabling long-term investments by foreign nationals. By doing so, the U.S. attracts global investors and increases job opportunities and economic activity while the investors are granted permanent residency.

Like other employment-based visas, the EB-5 application process can take several years to complete depending on the specific visa category and the investor’s nationality. Within that time, foreign nationals may need to leave the country temporarily. However, there are serious consequences for investors who travel abroad without following the procedures laid out by the U.S. Citizenship and Immigration Services (USCIS).

An Advance Parole (AP) is the most important document an EB-5 applicant needs to travel internationally while their EB-5 process is ongoing. In this article, we will explain the importance of an AP and how EB-5 investors can obtain one through concurrent filing.

Why Is an Advance Parole Important to EB-5 Investors?

Certain travel restrictions generally apply to individuals seeking employment-based visas in the U.S. The immigration process can be lengthy across many visa categories, and within that time, applicants usually need to travel abroad for one reason or another.

EB-5 investors without conditional Green Cards need to file Form I-131 before traveling abroad in order to prevent abandonment of their EB-5 visa process. When USCIS approves this form, EB-5 applicants obtain a special travel document called an Advance Parole (AP). With this document, they can leave the U.S. and re-enter without terminating their EB-5 visa process.

EB-5 investors who fail to obtain an AP before leaving the country risk starting their immigration processes from the beginning. Consequently, the investor’s EB-5 process and adjustment of status (AOS) application may become longer than necessary, making it harder to obtain permanent resident status in the U.S.

While an AP is required for travel abroad, it doesn’t guarantee re-entry. The U.S. Customs and Border Protection (CBP) requests other documents and interrogates foreign nationals on them at the border. Therefore, investors must travel with caution, carry their complete documents, and answer any questions with conviction to ensure the continuity of their immigration processes.

Who Is Eligible to Obtain an Advance Parole?

The first step in obtaining an AP is to ensure you have filled out the right petitions and that your documents are complete. Below, we’ve listed four factors applicants should consider before applying to USCIS for an AP.

Pending Adjustment of Status (AOS) Application

Foreign nationals who have filed Form I-485 (Application to Register Permanent Residence or Adjust Status) and expect to obtain permanent residency or adjust their status are eligible to apply for an AP. This category includes EB-5 investors waiting to receive conditional permanent residency.

Reason for Travel

Investors must convince USCIS that their reasons for requesting a travel permit are valid. This may include anything from business meetings to leisure purposes.

USCIS also does its part to speed up the AP application where an urgent humanitarian need arises, such as medical treatment or serious family-related issues.

Compliance with EB-5 Requirements

Foreign nationals who apply for an AP must comply with all EB-5 requirements, from the minimum investment threshold to the job creation criteria. Defaulting on any requirements may prevent applicants from obtaining their advance parole documents.

Even after USCIS grants an AP, the agency will revoke the travel permit and terminate the entire EB-5 process if an investor fails to fulfill any EB-5 requirements.

Documentation

EB-5 investors need to present their I-526 or I-526E immigrant petition as proof of their ongoing EB-5 investments in the U.S. They also need a copy of their I-485 petition to show that they are processing permanent residency in the U.S.

Other helpful documents may include medical reports, scheduled business meetings, proof of school engagements, etc., to further validate your AP application.

How to Apply for an Advance Parole as an EB-5 Investor

Previously, U.S. immigration laws prevented EB-5 investors from initiating their AOS application during their EB-5 visa processing. However, changes with the EB-5 Reform and Integrity Act of 2022 now allow eligible EB-5 investors who are present in the U.S. to file for both processes simultaneously through EB-5 concurrent filing.

A key benefit of concurrent filing is that these EB-5 investors can also apply for an advance parole and employment authorization document (EAD) at the same time, meaning that they can benefit from work and travel flexibilities before obtaining their Green Cards.

Furthermore, with the new provision, investors can begin their applications well on time and obtain travel permit documents in a matter of weeks, before any urgent situations arise.

Below is a step-by-step guide for applying for advance parole as an EB-5 investor.

Ensure Your Eligibility

To file Form I-131, investors must be engaged in a pending AOS process, either expecting permanent residency registration or an adjustment of status. Most times, investors show their notice of action document as proof of their pending application status. If you are a foreign national in a valid non-immigrant visa status for whom a visa is immediately available, you may be able to file your I-526E, I-485, and I-131 at the same time.

Fill Form I-131

Once you are certain you are eligible to apply for an AP, the next step is to fill out Form I-131, USCIS’s official application for a travel permit. This step involves providing all the required documents and paying the necessary fees as stated on the USCIS official website. The U.S. immigration agency changes its filing fees periodically, so it is advisable to confirm and pay the correct fee amount to prevent any rejections.

Submit Your Application

Applicants need to mail their forms and fees to their designated USCIS Lockbox Facility. It is preferable to use a trackable mail service so applicants can monitor and ensure the safe delivery of their immigration documents.

The processing times for AP applications can vary. Each applicant’s unique circumstances influence the decision to grant a travel permit. While you can expect the process to take only a few months if not less, you should still do your best to prevent delays.

Once Form I-131 has been approved, USCIS will send the AP, and the investor will be free to travel internationally while their immigration processes are pending.

Challenges Faced by EB-5 Investors Seeking an Advance Parole

Here are some of the challenges investors may face while applying for an AP document.

Extended Processing Time

EB-5 investors often seek travel permit documents for urgent reasons such as medical treatment, illness of a loved one, or even business ventures that directly influence their EB-5 investments. Unfortunately, applicants may experience an undue delay in their AP processing, which could be consequential for them, their families, and their investments.
To mitigate this risk, make sure you file all forms and supporting documents correctly and in full. It is also highly recommended that you seek help from an experienced EB-5 immigration attorney while preparing and filing your applications.

Investing in rural EB-5 projects, which is a set-aside EB-5 targeted employment area category that comes with the benefit of priority processing, can also significantly reduce the wait times for new EB-5 investors.

Impact on AOS Application

Foreign nationals with pending AOS applications must only travel abroad after receiving their travel permit documents from USCIS. Traveling without the approval of Form I-131 can terminate an investor’s EB-5 visa process and their AOS application.

Additionally, EB-5 investors should be mindful of the length and frequency of their travel and try to maintain a stable presence in the U.S. Taking frequent, extended trips abroad may raise concerns as to whether an investor is really interested in obtaining permanent residence in the U.S. Such speculations can affect the success of the EB-5 application and future attempts at naturalization.

Expiry Date and Renewal of Advance Parole Documents

In September 2023, USCIS increased the maximum validity period for advance parole documents to five years. However, applicants should refer to their travel permit documents to know the specific expiration date of their APs.

Since approval for I-131 can take more than a month, it is important to stay ahead by applying for a renewal well before the previous AP expires. Foreign nationals must ensure their advance parole documents do not expire while abroad, as the consequence may be the termination of their ongoing immigration processes.

Regulatory Changes

Periodic adjustments in U.S. immigration policies can affect investors’ immigration statuses and eligibility for advance parole, making the application process more complex than necessary. As a result, investors should try their best to stay informed of changes in the U.S. immigration policies and the EB-5 industry at large.

Obtain an Advance Parole Seamlessly with EB5AN

As is the case with many forms, working with industry experts to obtain travel permits for you and your family can make your application process smoother and ensure the continuity of your EB-5 visa and AOS applications.

EB5AN has assisted over 2,300 families worldwide, ensuring the success of their EB-5 visa processes. If you are an EB-5 investor desiring to travel abroad, or a prospective investor who would like to know more about the steps involved, please schedule a free consultation today and our expert team will be happy to help you.