The EB-5 Immigrant Investor Program continues to attract interest from foreign nationals already living in the United States. One feature that has made EB-5 more appealing in recent years is concurrent filing, which allows certain investors to apply for permanent residence while their EB-5 petition is still pending.
However, recent policy changes and visa availability concerns mean investors should understand how concurrent filing works—and when it may no longer be an option.
What Is EB-5 Concurrent Filing?
Concurrent filing allows eligible EB-5 investors to submit:
- Form I-526 or I-526E (EB-5 petition) and
- Form I-485 (adjustment of status)
at the same time, provided a visa number is available.
This option is generally available only to investors who are already in the United States in valid nonimmigrant status.
Why Concurrent Filing Matters
When concurrent filing is permitted, investors and their families may gain important benefits while the EB-5 petition is pending, including:
- The ability to remain in the U.S.
- Eligibility to apply for employment authorization
- Eligibility to apply for advance parole for travel
These benefits can provide stability while the EB-5 case is under review.
What Has Changed for EB-5 Investors
While the core concept of concurrent filing remains intact, there have been important changes affecting how it works in practice.
One key update involves employment authorization documents (EADs). The validity period for EADs issued through adjustment of status has been shortened, meaning:
- Investors must track expiration dates carefully
- Renewal applications should be filed well in advance
- Gaps in work authorization are possible if renewals are delayed
These changes make planning and monitoring more important than ever.
Visa Availability and Retrogression Risks
Concurrent filing is only possible when a visa number is available at the time of filing.
For EB-5 investors, visa availability depends on:
- Country of chargeability
- Annual visa limits
- Demand in reserved and unreserved EB-5 categories
If visa retrogression occurs before filing, concurrent filing may no longer be available until a visa becomes current again. Timing is critical.
Who Is Most Likely to Benefit from Concurrent Filing?
Concurrent filing may be especially attractive to:
- Investors already in the U.S. on nonimmigrant visas
- Families seeking stability while the EB-5 case is pending
- Investors who qualify under currently available visa categories
However, it is not suitable for every investor, particularly those facing visa backlogs.
EB-5 Concurrent Filing vs Traditional EB-5 Processing
| Feature | EB-5 Concurrent Filing | Traditional EB-5 Filing |
| Location | Investor must be in the U.S. | Investor may be abroad |
| Forms Filed | I-526/I-526E + I-485 together | I-526/I-526E first |
| Work Authorization | Available while pending | Not available until later |
| Travel Authorization | Advance parole available | Travel requires visa |
| Visa Availability Required | Yes, at filing | Yes, later in process |
| Retrogression Risk | High impact | Delays occur later |
Common Mistakes EB-5 Investors Should Avoid
EB-5 investors often encounter issues due to:
- Filing without confirming visa availability
- Assuming concurrent filing is always permitted
- Missing EAD renewal deadlines
- Not planning for possible retrogression
- Relying on outdated EB-5 timelines
Early review can help avoid costly delays.
Frequently Asked Questions (FAQ)
Can every EB-5 investor file concurrently?
No. Concurrent filing is only available if the investor is in the U.S. and a visa is available at the time of filing.
Does concurrent filing speed up EB-5 approval?
It does not speed up petition adjudication, but it allows investors to remain and work in the U.S. while waiting.
What happens if visa retrogression occurs after filing?
The adjustment application may remain pending until a visa becomes available again.
Can family members file together with the investor?
Yes, eligible dependents may generally file adjustment applications at the same time.
Is work authorization guaranteed?
No. Employment authorization must be approved separately and must be renewed on time.
How NPZ Law Group Can Help
NPZ Law Group assists EB-5 investors with:
- Evaluating eligibility for concurrent filing
- Monitoring visa availability and timing
- Managing EAD and travel authorization applications
- Coordinating long-term EB-5 strategy
Each case is reviewed individually based on the investor’s status and goals.
Final Takeaway
EB-5 concurrent filing can provide valuable flexibility for investors already in the United States, but it requires careful planning. Visa availability, policy changes, and renewal timelines all play a role in whether this option remains viable.
Understanding these factors early can help investors make informed decisions and avoid unnecessary disruption.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.