Concurrent filing of a Visa EB-5 and Form I-485 is a mechanism introduced by the EB-5 Reform and Integrity Act of 2022 (RIA) that allows qualifying EB-5 investors who are lawfully present in the United States to file Form I-526E and Form I-485 at the same time.
Concurrent Filing in the EB-5 visa classification, introduced under the EB-5 Reform and Integrity Act of 2022 (“RIA”), allows eligible EB-5 investors already in the U.S. to file Form I-526/I-526E – the immigrant petition by an EB-5 investor – (“EB-5 Petition”) and Form I-485, Application to Register Permanent Residence or Adjust Status (“Application”) simultaneously, streamlining the path to permanent residency. With concurrent filing, eligible investors can submit both forms at the same time, potentially reducing waiting periods and providing immediate benefits, such as work and travel authorization.
To qualify for concurrent filing, an EB-5 investor must:
- Be physically present pursuant to a lawful entry in the U.S. under a valid nonimmigrant visa (e.g., F-1, H-1B, or L-1).
- Have a priority date that is current for requisite EB-5 classification according to the U.S. Department of State’s Visa Bulletin.
- Be legally eligible to change or adjust their status, which means they are not subject to certain immigration restrictions including illegal presence or visa status infractions.
Concurrent filing has a number of important advantages. Applicants can qualify for advance parole (“AP”) and employment authorization (“EAD”), which permit them to travel abroad and engage in lawful employment while their EB-5 Petition and Application is being processed. Moreover, they do not need to travel outside the U.S. to interview at a U.S. Consulate for an immigrant visa. The process to being granted “conditional” lawful permanent residence can be completed in the United States.
Those who qualify for concurrent filing should discuss this with a qualified immigration lawyer to understand their full rights and potential issues with this option.
Quick Summary: EB-5 Concurrent Filing
| Question | Answer |
|---|---|
| What is concurrent filing? | Filing Form I-526E and Form I-485 at the same time under the mechanism introduced by RIA 2022 |
| Only for investors already in the U.S.? | Yes: only applies to investors lawfully present in the U.S. on a nonimmigrant visa |
| Must a priority date be current? | Yes: a visa number must be available under the Visa Bulletin at the time Form I-485 is filed |
| Key benefit? | Receive an EAD (work authorization) and Advance Parole (travel document) while both petitions are pending |
| Must the investor attend a consular interview? | No: the entire process is completed inside the United States |
| Are EAD and Advance Parole issued automatically? | No: Form I-765 (EAD) and Form I-131 (AP) must each be filed and approved separately |
| Safe to travel abroad right after filing I-485? | No: departure without a valid Advance Parole may be treated as abandonment of the I-485 |
| If the priority date retrogresses after filing I-485? | USCIS holds the petition; a validly filed I-485 is not automatically terminated |
Frequently Asked Questions
Can I file Form I-485 while my Form I-526E is still pending with USCIS?
Yes, provided you are lawfully present in the United States, are otherwise eligible to adjust status and a visa number is currently available for the EB-5 category per the DOS Visa Bulletin at the time of filing. A key point: you do not need to wait for the I-526E to be approved before filing the I-485 if all three conditions are satisfied simultaneously.
Does concurrent filing guarantee that I will receive an Employment Authorization Document?
No. Filing Form I-765 initiates the application process for work authorization. USCIS must review and approve the application before an EAD is issued. The EAD is not granted automatically upon filing Form I-485.
Can I leave the United States right after filing Form I-485?
You should not depart the United States without a valid Advance Parole document. Departing without one may be treated by USCIS as an abandonment of the pending Form I-485, resulting in its termination. Form I-131 must be filed separately and approved before international travel.
Can an F-1 student investor file concurrently?
Possibly in some circumstances, but this requires careful analysis of current F-1 status, entry history, the timing of immigrant intent and the ability to maintain valid status. The issue of preconceived immigrant intent can be complex for F-1 visa holders. Consulting a U.S. immigration attorney before filing is strongly recommended.
Does filing Form I-485 mean I already have a Green Card?
No. Filing Form I-485 only initiates the adjustment of status process. The investor becomes a lawful permanent resident only after USCIS reviews and approves the I-485. Processing times vary and can range from several months to several years depending on the individual case and USCIS workload.
What happens if my priority date retrogresses after I have filed Form I-485?
USCIS will place the I-485 in a pending hold status until an EB-5 visa number becomes available again per the Visa Bulletin. Priority date retrogression does not automatically terminate a validly filed I-485. The EAD and Advance Parole may remain renewable during the waiting period.
How does concurrent filing differ from consular processing for EB-5?
Concurrent filing is only available to EB-5 investors lawfully present in the United States, allowing the entire Green Card process to be completed without attending a consular interview abroad. Consular processing is the standard path for investors residing in Vietnam or the Philippines: after I-526E approval and visa availability, they interview at the U.S. Consulate in Ho Chi Minh City or the U.S. Embassy in Manila and enter the United States directly as lawful permanent residents. Which path is appropriate depends on where the investor is living and their specific immigration circumstances.
What happens to my pending Form I-485 if my Form I-526E is denied?
If the underlying I-526E EB-5 petition is denied by USCIS, the Form I-485 will generally also be denied or terminated as it no longer has a valid underlying petition. This is a material risk of concurrent filing that should be discussed thoroughly with an immigration attorney before proceeding. This is distinct from a priority date retrogression: an I-526E denial is a substantive determination about the EB-5 petition itself, while a retrogression is purely about visa number availability.
If you have questions about EB-5 program, please contact us at info@enterlinepartners.com.
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Copyright 2026. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.
