Concurrent filing has made the EB-5 immigration process more efficient by allowing eligible investors to submit key applications at the same time. This change lets applicants file Form I-526E and Form I-485 together, instead of waiting for one to be approved before starting the next.

Before this update, foreign nationals pursuing EB-5 Green Cards had to endure long waiting periods between steps, creating unnecessary delays and uncertainty. The introduction of concurrent filing helps cut down on that time, giving investors a faster, more streamlined path to permanent residency.

In this article, you’ll learn what concurrent filing means, how it works, and how it can benefit you as an EB-5 investor.

What Is Concurrent Filing?

Concurrent filing means submitting two related immigration forms to U.S. Citizenship and Immigration Services (USCIS) at the same time. Here, you can file your EB-5 visa petition or Form I-526E together with your adjustment of status application or Form I-485 to become a permanent resident.

Before the EB-5 Reform and Integrity Act (RIA) was passed in 2022, you had to wait for the Form I-526E to be approved before you could file Form I-485. Now, if you qualify, you can file both forms together. Furthermore, your spouse and unmarried children under 21 can file adjustment of status applications concurrently with you.

What Are the Benefits of Concurrent Filing?

The most obvious benefit of concurrent filing is that it shortens the overall time you will wait to receive your permanent residency. However, it also offers other advantages like:

• Work authorization: Filing Form I-765 concurrently allows you to obtain an Employment Authorization Document (EAD). With this form, you can work legally in the U.S. or start your own business, if you wish, while your Green Card application is pending.
• Travel flexibility: With Form I-131, you can receive advance parole, which permits you to travel outside the U.S. and return without disrupting your pending adjustment of status. This is especially useful for international business or family obligations.
• Maintain legal status: Concurrent filing can help bridge any gaps in your immigration status if your current nonimmigrant visa is nearing expiration. It ensures you remain lawfully present in the U.S. while your EB-5 application is reviewed.

How Does Concurrent Filing Work?

Concurrent filing follows a clear process but comes with specific requirements. To take advantage of this option, EB-5 investors must meet eligibility criteria and follow several key steps, from confirming visa availability to submitting the correct forms while in the U.S.

1. Confirm Your Visa Availability

The EB-5 program has annual limits on the number of visas issued, and these limits are divided by country of origin. Visa availability is tracked through the Department of State’s Visa Bulletin, which shows priority dates for each category and country. For concurrent filing to be possible, your priority date must be current, meaning a visa number is available for immediate use.

2. Be Physically Present in the U.S.

Concurrent filing applies only to investors who are already in the United States on a lawful nonimmigrant visa, such as an H-1B, L-1, or F-1 visa. Foreign nationals outside the U.S. cannot file Form I-485. Instead, they must complete consular processing after their Form I-526E approval.

3. Prepare and Submit Your Forms

You must prepare Form I-526E to demonstrate your eligibility for the EB-5 program, and Form I-485 to request adjustment of status. Supporting documents to provide include proof of investment and evidence of job creation.

Additionally, you have the option to file Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document) concurrently with your Form I-485. These permits allow you to work and travel while the adjustment application is pending.

4. Wait For USCIS’ Review

Wait for USCIS to review your I-526E petition and the I-485 application. If both meet the requirements, you and your immediate family members will be issued conditional Green Cards valid for two years. This process can take a few months, depending on processing times.

However, applicants in EB5AN’s rural TEA projects have been receiving I-526E approvals in under 10 months. Keep in mind that at this stage, USCIS may request additional evidence or schedule interviews to verify your information.

5. File Form I-829

You can file Form I-829 within 90 days before your conditional Green Card expires to remove the restrictions on your residency. Here, you will have to prove that your investment met all the program requirements.

How Visa Retrogression Affects Concurrent Filing for EB‑5 Investors

Visa retrogression occurs when demand exceeds annual visa supply, and the Department of State sets a cutoff date in the monthly Visa Bulletin. If retrogression sets in:

• Applicants with retrogressed priority dates cannot file Form I‑485 concurrently with Form I‑526E, even if they are already in the U.S.
• As of the July 2025 visa bulletin, India and China’s unreserved EB‑5 categories are retrogressed, blocking concurrent filings for that pathway.
• Yet, reserved categories remain current, allowing Indian and Chinese investors in rural, high-unemployment, or infrastructure projects to still file concurrently, for now. But the January visa bulletin’s warning means this benefit could be short-lived.
• If cut‑off dates for reserved categories are imposed, new concurrent filing in those categories will be disallowed. That’s why monitoring the Visa Bulletin and filing promptly is critical.

Don’t Miss the Window to File Concurrently

As long as you meet the eligibility requirements, concurrent filing can accelerate your path to permanent residency. Additionally, you get to enjoy work and travel benefits during the waiting period.

To navigate this complex process successfully, you should consult with experienced immigration professionals to avoid costly mistakes. With over a decade of experience and a 100% USCIS project approval rate, EB5AN has helped more than 2,700 families from 70+ countries navigate the EB-5 process successfully. We specialize in high-quality, low-risk regional center projects and provide expert support through every step of your immigration journey.

If you would like to know how you can take advantage of concurrent filing, book a free call with our expert team today.