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-525E – 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 non-immigrant 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.
This is part of a series on the EB-5 Reform and Integrity Act of 2022. To read more in this series, click here.