Concurrent Filing: What It Is and How It Impacts EB-5 Investors

Concurrent filing is the process of submitting an application for adjustment of status (Form I-485) at the same time as the underlying immigrant petition, rather than waiting for the petition to be approved first.

This can significantly shorten the overall Green Card timeline and provides practical benefits while the case is pending.

Applicants may apply for work authorization (EAD) and travel permission (advance parole), allowing them to work legally, travel internationally, and remain in the United States without waiting for their lawful permanent resident status.

Concurrent filing is especially relevant in EB-5 investor cases, many family-based Green Cards, and certain employment-based categories where visas are immediately available.

However, not everyone qualifies. Eligibility depends on visa availability, the specific immigrant category, and whether the applicant is lawfully present in the United States. Careful analysis is required before filing to ensure compliance and avoid delays or denials.

The concurrent filing provision has streamlined the EB-5 process, and investors in the U.S. no longer have to wait for their I-526E approval to file for adjustment of status.

In this article, we’ll explore the benefits of concurrent filing for EB-5 investors and how prospective investors can qualify for this process.

What Is Concurrent Filing?

Concurrent filing is a U.S. immigration process that allows an applicant to submit multiple Green Card–related forms at the same time, rather than filing them one after another.

In plain English, it means you do not have to wait for your immigrant petition to be approved before applying for permanent residence and related benefits.

Normally, immigration cases move sequentially: first the immigrant petition is filed and approved, and only then can the applicant file for adjustment of status.

With concurrent filing, these steps happen together. An applicant may file Form I-485 (Application to Adjust Status) at the same time as other supporting applications, as long as a visa number is immediately available and the applicant is physically present in the United States.

Forms typically filed together include:

• Form I-485 (Adjustment of Status)
• Form I-765 (Employment Authorization Document)
• Form I-131 (Advance Parole for travel)
• A category-specific immigrant petition, such as:
  • Form I-130 (family-based)
  • Form I-140 (employment-based)
  • Form I-526E (EB-5 investors)

Concurrent filing matters because it allows applicants to request work authorization and travel permission while their Green Card case is pending, often providing greater stability and flexibility.

Who Is Eligible for Concurrent Filing?

Eligibility for concurrent filing depends on three core factors: the Green Card category, whether an immigrant visa number is immediately available, and whether the applicant is physically present in the United States in lawful status. Not all applicants qualify, and eligibility must be assessed at the time of filing, not later in the process.

Family-Based Green Card applicants

Immediate relatives of U.S. citizens; including spouses, unmarried children under 21, and parents of adult U.S. citizens, are generally eligible for concurrent filing. Form I-130 (Petition for Alien Relative) and Form I-485 (Adjustment of Status) can typically be filed together for family based immigration.

For family preference categories (such as adult children or siblings of U.S. citizens, or spouses and children of lawful permanent residents), concurrent filing is only permitted if the Visa Bulletin shows the applicant’s priority date as current. If the priority date is not current, the applicant must wait until a visa becomes available before filing Form I-485.

Employment-Based Green Card Applicants

Employment-based applicants in EB-1, EB-2, and EB-3 categories may be eligible for concurrent filing when their priority date is current under the applicable Visa Bulletin chart for adjustment of status. The priority date is usually the date the labor certification or immigrant petition is filed and determines the applicant’s place in line for a visa.

If a visa number is available, Form I-140 (Immigrant Petition for Alien Worker) and Form I-485 may be filed at the same time. If not, the I-140 may be filed alone, and the applicant must wait to file Form I-485 until the priority date becomes current.

EB-5 Investors

EB-5 concurrent filing is available to foreign nationals living in the U.S. on qualifying nonimmigrant visa routes.

Qualifying investors can file forms I-485 and I-526 or I-526E concurrently, as long as a visa number is available.

Foreign nationals on H-1B, F-1, E-2, and L-1 visas are among the top beneficiaries of EB-5 concurrent filing.

Importantly, you’re not eligible for EB-5 concurrent filing if your country of birth is subject to visa retrogression, which occurs when demand for EB-5 visas from a country continuously exceeds the annual available quota, creating backlogs. China and India currently have the heaviest backlogs.

Applicants from backlogged countries can only apply for adjustment of status when a visa is available. The U.S. Department of State publishes visa availability in its online Visa Bulletin, reflecting which countries are facing backlogs and which are not.

Thanks to the RIA’s “set-aside” visa quota, EB-5 investors from visa-retrogressed countries can avoid the backlogs and benefit from concurrent filing by investing in projects within a targeted employment area (TEA). The RIA has also introduced a priority processing provision exclusive to rural EB-5 investments, which can help applicants further streamline their immigration process.

What Does Concurrent Filing Mean for EB-5 Investors?

Before the RIA, EB-5 investors could only file for adjustment of status after receiving I-526E petition approval.

In the meantime, they had to keep renewing their nonimmigrant visa to remain in the U.S. while awaiting their EB-5 petition processing.

When renewal was impossible, they had to switch to another visa route or leave the U.S. and apply for permanent resident status by filing Form DS-260 at the U.S. embassy or consulate in their home country.

With concurrent filing, EB-5 investors already in the United States can submit Form I-485 (adjustment of status) at the same time as their EB-5 petition (Form I-526E). If they do not file both forms together initially, they may still submit Form I-485 later while the I-526E petition is pending, as long as a visa number is available.

Many EB-5 investors have benefited from accelerated Green Card processing since the RIA’s concurrent filing option came into effect.

Crucially, however, not all EB-5 investors can benefit from concurrent filing.

How Concurrent Filing Works

As noted above, EB-5 concurrent filing involves submitting Form I-526E and Form I-485 to USCIS at the same time. However, each petition has specific requirements and supporting documentation you must submit along with the application.

1. Confirm visa availability using the Visa Bulletin

Before you can file for adjustment of status (Form I‑485) or file concurrently, you must confirm that an immigrant visa number is available in your category by checking the Visa Bulletin published monthly by the U.S. Department of State. The bulletin has two main charts:

• Final Action Dates: Shows when an immigrant visa can actually be issued or a Green Card can be approved. If your priority date (the date your immigrant petition was filed) is earlier than the date listed here, a visa is available.
• Dates for Filing: Indicates when you may submit your application for adjustment of status (Form I‑485).

If neither chart shows your priority date as current, you cannot file concurrently even if you are otherwise eligible.

Investors should check both charts carefully because EB‑5 dates can vary by category and country of chargeability.

2. File Form I-526E

Form I-526/I-526E is the main application for the EB-5 Immigrant Investor Program. It is the first step in the EB-5 Green Card application process.

EB-5 investors making direct investments in a new commercial enterprise (NCE) must file Form I-526, while those investing through a regional center must file Form I-526E.

Your Form I-526E must demonstrate your eligibility for the EB-5 program and include the details of your chosen investment project. Among other info, it must contain:

• Your name, date of birth, nationality, and current address.
• Details of your NCE investment in an EB-5 project and how it will meet the job creation requirement.
• The detailed business plan of your NCE.
• Documentation proving your investment funds were lawfully sourced.
• Financial records, bank statements, tax returns, and property records.
• Any other required case-specific supporting documentation.

3. File Form I-485

Form I-485 is the application to adjust one’s immigration status to “permanent resident” in the U.S. It enables foreign nationals already living in the U.S. to apply for a Green Card after receiving approval for a qualifying immigrant visa petition.

As explained above, EB-5 investors no longer have to wait for I-526E approval to file for adjustment of status thanks to the concurrent filing option. They can now file both petitions together.

Benefits of Concurrent Filing

Faster EB-5 Green Card Processing

Due to heavy backlogs and long wait times for Form I-526E approval, prior to the RIA, investors often had to wait years or even decades after filing their EB-5 petition to apply for adjustment of status. This was particularly true for Indian and Chinese nationals subject to visa retrogression.

I-485 processing times can also be quite unpredictable. So, after waiting several years for I-526E approval, EB-5 investors also had to wait another year or two for their conditional permanent resident status.

The concurrent filing option has significantly reduced wait times for conditional Green Cards by merging I-526E and I-485 processing times. Post-RIA EB-5 applicants now enjoy faster Green Card processing.

Earlier Access to Green Card Benefits

The concurrent filing option additionally allows EB-5 applicants already in the U.S. to apply for advance parole (Form I-131) (AP) and employment authorization documentation (Form I-765) (EAD) while submitting their Forms I-526E and I-485.

The travel and work authorization applications are usually adjudicated quickly, and EB-5 investors can typically receive both permits in less than six months.

Upon receiving their work permits, EB-5 investors will enjoy the right to live and work anywhere in the U.S. without employer sponsorship while awaiting their Form I-485 approval.

This means they can work, start a business, or pursue further studies without restrictions. Moreover, the AP allows them to travel in and out of the U.S. freely.

Essentially, concurrent filing enables an EB-5 investor to begin enjoying the benefits of a Green Card before receiving it.

Avoiding Consular Processing

Before the RIA, single-intent visa holders from high-demand countries faced the challenge of losing their immigration status while waiting for their I-526E approval.

Due to long wait times, their single-intent visas often expired before they received I-526E approval, preventing them from applying for adjustment of status. Unless they could switch to a dual-intent visa, they had to leave the U.S. and undergo consular processing.

With the concurrent filing option, single-intent visa holders can avoid this process. By simultaneously filing forms I-526E, I-485, I-131, and I-765, they can remain in the U.S. on a “pending adjustment” status. With this status, they can enjoy the freedom to live, work, and study anywhere in the U.S.

EB5AN Can Assist You With Concurrent Filing

The RIA’s concurrent filing provision has significantly reduced waiting times, but a successful application still requires careful preparation of each petition and necessary supporting documents, ideally by an immigration lawyer.

Because of this, EB-5 investors should seek legal and professional guidance in preparing their I-526E and I-485 petitions for a seamless EB-5 application process, and this is where EB5AN comes in.

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.