If you’re an EB-5 investor looking to navigate the U.S. immigration system, you’ve likely encountered many legal terms, form numbers, and procedures that can feel overwhelming. Two such terms, concurrent filing and adjustment of status (AOS), are pivotal to your Green Card journey, especially if you’re already in the United States.
Even while working with an immigration attorney, understanding how these components fit into the EB-5 path can save you time, money, and potential delays. With tools like ChatGPT, even complex processes become easier to grasp and manage.
What Is Adjustment of Status?
What Is Concurrent Filing?
Who Can Use Concurrent Filing in the EB-5 Program?
What Does a Concurrent Filing Packet Include?
How Can ChatGPT Help You Through This Process?
Simplifying the Complex
What Is Adjustment of Status
Adjustment of status (AOS) is the process that allows someone already physically present in the U.S. to apply for lawful permanent residence, commonly known as a Green Card, without leaving the country.
Instead of going through a U.S. embassy abroad (called “consular processing“), eligible applicants can submit Form I-485, Application to Register Permanent Residence or Adjust Status directly to USCIS and complete the process from within the United States.
This can be especially attractive for EB-5 investors who are already in the U.S. on a valid visa (such as F-1 or H-1B), because it allows them to avoid travel disruptions and potentially receive interim benefits such as employment authorization and advance parole (travel permission) while their application is pending.
What Is Concurrent Filing?
Concurrent filing simply means filing two or more immigration forms at the same time.
Specifically, it refers to submitting the Immigrant Petition (Form I-526E for EB-5 investors) and the adjustment of status application (Form I-485) together in one package to USCIS.
Prior to 2022, concurrent filing was not an option for EB-5 applicants. But with the EB-5 Reform and Integrity Act of 2022, concurrent filing became available to investors who are lawfully present in the U.S. and whose priority date is current.
This change streamlines the timeline and offers immediate benefits like the ability to remain in the U.S. legally and obtain temporary work and travel authorization while waiting for your Green Card.
Who Can Use Concurrent Filing in the EB-5 Program?
To qualify for concurrent filing under EB-5, you must meet three key requirements:
- You are physically present in the U.S. under a valid non-immigrant status
- Your EB-5 visa category is “current” according to the U.S. Department of State’s Visa Bulletin.
- You are eligible for adjustment of status, meaning you entered the U.S. lawfully and do not have any disqualifying immigration violations or criminal history.
Let’s say you’re in the U.S. on an H-1B visa, and you’re submitting your I-526E petition for a rural EB-5 project. If the Visa Bulletin shows your category is current, you can simultaneously file Form I-485, and also apply for a work permit (Form I-765) and travel document (Form I-131).
What Does a Concurrent Filing Packet Include?
When you submit a concurrent filing packet, you’ll typically include the following forms and supporting documents:
- Form I-526 or I-526E (EB-5 immigrant petition)
- Form I-485 (Adjustment of status)
- Form I-765 (Application for employment authorization)
- Form I-131 (Application for advance parole, i.e., travel permit)
- Form I-693 (Medical exam – timing might vary)
- Proof of lawful status in the U.S.
- Copy of your passport, visa, I-94 travel history
- Evidence of the investment (usually included with I-526E)
It’s important to assemble everything carefully, since errors or missing documents can cause delays.
How Can ChatGPT Help You Through This Process?
Immigration paperwork is tedious, repetitive, and sometimes confusing, even with a lawyer. That’s where ChatGPT can be surprisingly helpful.
Here’s how you might use it:
Understanding Eligibility
You can ask ChatGPT:
“Am I eligible for concurrent filing as an EB-5 investor on an F-1 visa?”
And it can walk you through the checklist based on your status and the latest rules.
Visa Bulletin Guidance
You can ask:
“Is the priority date current for EB-5 rural investors from India in the January 2026 Visa Bulletin?”
And ChatGPT can help you interpret what “current” means for your category and country of chargeability.
Form Guidance
While it can’t fill out forms for you, ChatGPT can explain things like:
What’s the difference between Form I-485 and I-526E?
Creating Checklists and Timelines
You can even ask it to create a personalized filing checklist or timeline to help stay organized.
Simplifying the Complex
The introduction of concurrent filing for EB-5 investors has added an exciting level of flexibility and efficiency to the Green Card process, especially for those already in the U.S. It opens the door to working, traveling, and living more freely while your EB-5 petition is being processed.
But it’s still a legal process filled with moving parts, changing visa availability, and strict eligibility requirements. ChatGPT can be a handy tool, helping you understand complex rules, organize your paperwork, and answer questions as they come up. Of course, for case-specific legal advice, you should always consult a qualified immigration attorney. It’s also important to work with an experienced team of EB-5 professionals.
EB5AN has helped more than 2,700 families from 70+ countries become lawful permanent residents of the United States. Our expert team has more than a decade of experience and offers clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS project approval rate.
If you would like to know more about your EB-5 investment options, book a free call with our expert team today.
