EB-5 Concurrent Filing Process
Apply for Permanent Residency
While Living in the United States
Eb-5 Visa Benefits for International Students and Employees
The EB-5 Reform and Integrity Act (RIA) of 2022 changed the way foreign nationals living in the United States on temporary visas can remain without the usual conditions. If you are an EB-5 applicant living in the United States with a valid visa, you can now apply to become a permanent resident while still enjoying the freedom to work and travel without any restrictions. By concurrently filing while in the United States on a temporary visa, you can legally stay in the country and maintain your lifestyle during the entire EB-5 application process. Prior to the passing of RIA in 2022, individuals had to return to their home countries to complete the visa process, disrupting their lives and careers. However, RIA allows EB-5 investors residing in the United States to apply for concurrent filing from within the United States with a valid nonimmigrant visa.
If you are in the United States on a temporary visa, RIA allows you to file your I-485 Adjustment Status Application at the same time as the I-526E Petition. Concurrent filing can be an advantage for those who would like to remain in the United States with status and maintain their ability to work.
Who is Eligible for Concurrent Filing?
EB-5 concurrent filing is available to foreign nationals living in the United States on qualifying nonimmigrant visa routes. 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 are 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. These backlogs cause priority dates to move backward, and applicants from backlogged countries can only apply for adjustment of status when a visa is available.
Thanks to 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). RIA has also introduced a priority processing provision exclusive to rural EB-5 investments, which can help applicants further streamline their immigration process.
How Concurrent Filing Works
EB-5 concurrent filing involves submitting Form I-526E and Form I-485 to United States Citizenship and Immigration Services (USCIS) at the same time. However, each petition has specific requirements and supporting documentation you must submit along with the application.
Filing Form I-526E
Form I-526/I-526E is the main application for the EB-5 Immigrant Investor Program. Completing this form 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 information, the form must contain:
- Your name, date of birth, nationality and current address.
- Details of your NCE investment in an EB-5 project and how the investment will meet the job-creation requirement.
- Detailed business plan of your NCE.
- Documentation proving your investment funds were from lawful sources.
- Financial records, bank statements, tax returns and property records.
- Any other required case-specific supporting documentation.
Filing Form I-485
Form I-485 is the application to adjust your immigration status to “permanent resident” in the United States. The application enables foreign nationals already living in the United States to apply for a green card after receiving approval for a qualifying immigrant visa petition. Thanks to the concurrent filing option, EB-5 investors no longer have to wait for I-526E approval to file for adjustment of status – you can now file both petitions at the same time.
Benefits of Concurrent Filing
Faster EB-5 Green Card Processing
Due to heavy backlogs and the wait times for Form I-526E approval, prior to RIA, investors often had to wait for years and even decades after filing their EB-5 petition to apply for adjustment of status. The backlogs were particularly long for Indian and Chinese nationals subject to visa retrogression. In addition, I-485 processing times can be unpredictable, so after waiting several years to receive I-526E approval, EB-5 investors also had to wait another year or two to receive 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. With the passage of RIA, EB-5 applicants now enjoy faster green card processing.
University Tuition and International Status After the I-485 is filed, an EB-5 investor is no longer considered an international student. Therefore, after concurrently filing the I-526E and I-485, you and your eligible family members will no longer be charged international tuition rates and can qualify for out-of-state tuition. Qualifying for in-state tuition is a matter of establishing residency in the state where you are residing, and each state has different requirements for establishing state residency.
Faster Immigration Timeline
Concurrent filing allows you and your family to remain in the United States and begin living your American dream much sooner.
Work Authorization (EAD)
Along with your I-526E and I-485 applications, you can also submit your request for an Employment Authorization Document (EAD) which grants you the ability to work legally in the United States while your case is pending.
Travel Flexibility
With concurrent filing, you also can apply for a travel document, allowing you to freely travel outside the United States without jeopardizing your application. An approved travel document provides peace of mind and avoids restrictions on movement.
Improved Quality of Life
With the ability to work and travel, you can integrate into American society, send your children to school and establish a stable life while awaiting your green card.
An overview of the EB-5 Investor Program.
Your journey through the EB-5 Process.
The EB-5 green card process.
Steps for obtaining permanent U.S. residency.
In-depth information about EB-5 investment opportunities.
Answers to common EB-5 Investor Program questions.
