Concurrent Filing

What It Means and Why It Matters

EB-5 concurrent filing allows certain investors who are already in the United States in valid non-immigrant status to file their immigration applications at the same time, rather than sequentially. Specifically, eligible investors may file the EB-5 immigrant visa petition, Form I-526E, alongside Form I-485, the application for adjustment of status to permanent residence, as well as applications for work authorization and travel permission. Concurrent filing was created by the EB-5 Reform and Integrity Act of 2022, and it is one of the most consequential changes that law made to the EB-5 program for investors already in the U.S.

The primary benefits of concurrent filing are speed and flexibility during the waiting period. Investors may be eligible to receive employment authorization and advance parole (travel authorization) while U.S. Citizenship and Immigration Services (USCIS) reviews their EB-5 petition. This can allow investors and their family members to live and work in the United States, change employers, start businesses, and travel internationally without relying on or maintaining a separate non-immigrant visa status. Because USCIS processing times for an EB-5 petition are often measured in years rather than months, this early work and travel authorization is where much of the practical value sits for many EB-5 investors. It is also worth being precise about what concurrent filing does not do. It does not speed up adjudication of the I-526E petition itself.

Concurrent filing can be especially valuable for investors currently in visa categories such as H-1B, L-1, F-1, or E-2, as it reduces dependence on employer sponsorship, visa extensions, or strict compliance requirements during EB-5 processing. However, eligibility for concurrent filing depends on visa availability and maintaining lawful status at the time of filing, and it may not always be available to all investors or all countries. An immigrant visa must be immediately available in your EB-5 category and country of birth on the filing date of the I-485. The U.S. Department of State settles that question each month in the monthly Visa Bulletin, which is why visa backlogs in some countries close the door to concurrent filing while it stays open in others.

As with all EB-5 matters, concurrent filing involves both immigration and procedural considerations. Investors should consult with an experienced immigration attorney to determine eligibility, timing, and the most appropriate strategy for their individual circumstances. FlexPath Immigration Partners is not a law firm and does not provide legal advice. Our role is to evaluate the underlying investment.

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The Forms Involved and What Each One Does

Concurrent filing is a filing sequence, not a separate program. Four forms are normally submitted together.

  • Form I-526E, Immigrant Petition by Regional Center Investor. This is the EB-5 petition itself. Investors in a standalone project outside the regional center structure file Form I-526 instead. A regional center must file Form I-956F for the project before an investor can file an I-526E tied to it.
  • Form I-485, Application to Register Permanent Residence or Adjust Status. This is the adjustment of status application, and it is what lets an investor stay in the U.S. and become a permanent resident without consular processing abroad.
  • Form I-765, Application for Employment Authorization. Approval produces an Employment Authorization Document (EAD), which allows open-market work.
  • Form I-131, Application for Travel Documents. Approval produces advance parole, which allows international travel while the I-485 is pending.

USCIS requires a separate fee payment for each form. Submitting them together does not merge them into one case. Each form is adjudicated on its own timeline and generates its own receipt notice.

Who Is Eligible

Four conditions have to be met at the time of filing.
  • Presence in the United States in valid nonimmigrant visa status. Investors living abroad cannot adjust status and use consular processing instead.
  • A visa is available in the relevant EB-5 category for the investor’s country of birth, as shown in the Visa Bulletin.
  • A qualifying investment in an EB-5 project, currently $800,000 in a targeted employment area (TEA) or $1,050,000 outside one.
  • Lawful status maintained through the filing date. Falling out of status before the I-485 is submitted can complicate or defeat the EB-5 application.
Admissibility rules apply as well. F-1 students should also be aware that USCIS may treat an adjustment filed within 90 days of entry as evidence of preconceived intent.

Visa Availability Is the Deciding Factor

This is where most questions about concurrent filing are actually settled.

The EB-5 Reform and Integrity Act of 2022 reserved a share of the annual visa allocation for specific project types: 20% for rural projects, 10% for high-unemployment areas, and 2% for infrastructure. These reserved categories carry far less accumulated demand than the unreserved category, so they have stayed current for every country since the EB-5 Regional Center Program was reauthorized.

As of the August 2026 Visa Bulletin, the rural, high-unemployment, and infrastructure categories are current worldwide. A rural EB-5 project, for example, currently supports concurrent filing for investors from any country. The unreserved category looks very different: China sits at a final action date of December 1, 2016, and India is unavailable for the remainder of fiscal year 2026 because its allocation has been exhausted.

Your priority date is set by the date USCIS receives your I-526E. The Visa Bulletin is published monthly, and categories can advance, retrogress, or become unavailable with little warning. Confirm the current bulletin before assuming the EB-5 visa category you are considering is open to you.

Two Dates That Get Confused

Two deadlines shape EB-5 filing decisions in 2026, and they are not the same date.

September 30, 2026 is the grandfathering cutoff written into the EB-5 Reform and Integrity Act of 2022. A qualifying regional center petition received on or before that date is statutorily protected. USCIS must keep processing it, it cannot be denied because the program later expired, and its visa allocation cannot be suspended or terminated. This is the 2026 grandfathering deadline referenced across the industry.

September 30, 2027 is when the current authorization of the Regional Center Program expires unless Congress acts.

The one-year gap is deliberate. A petition filed after September 30, 2026 can still be submitted while the program is authorized, but it does not carry the statutory protection. The Department of Homeland Security published a proposed rule implementing the EB-5 Reform and Integrity Act on July 2, 2026, and it does not move the grandfathering date. That date is statutory, so only Congress can change it.

We state this as a fact of the calendar, not as a reason to rush. A well-documented petition takes months to assemble, largely because source-of-funds tracing has to be complete and defensible. And a project that does not underwrite well does not become a better investment because a deadline is close.

What Happens After You File

USCIS issues a separate receipt notice for each form, and applicants are scheduled for biometrics in connection with the I-485. In most cases the I-765 and I-131 are decided well before the underlying petition, which is the point: work and travel authorization arrives early in the EB-5 process rather than at the end.

I-485 approval follows I-526E approval, never the reverse. When both are approved, the investor and qualifying family members receive a conditional green card valid for two years. In the 90 days before that period ends, roughly two years from the date conditional residence began, the investor files Form I-829 to remove conditions and obtain unconditional permanent residence.

Processing times vary by service center and by form. USCIS publishes current figures, but those are historical averages rather than commitments, and green card processing timelines have moved considerably over the past several years.

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Risks and Limitations

EB-5 investments are not guaranteed. Concurrent filing changes when you can live and work in the United States. It does not change whether your petition will be approved, or whether your capital will be returned.

  • Immigration risk. USCIS may issue a request for evidence or deny the I-526E. A concurrently filed I-485 depends on the underlying petition, so a denial of one generally ends the other.
  • Status risk. Filing an I-485 has consequences for your existing visa status. Leaving the country without advance parole can cause the application to be treated as abandoned, and some visa holders, including those on H-1B and L-1, have more flexibility here than others.
  • Execution and market risk. The project has to create the required jobs and perform as underwritten. Construction delays, cost overruns, and softer demand affect both the investment return and the immigration outcome.
  • Liquidity risk. EB-5 capital must remain at risk for a defined period. It is not available on demand, and the timing of any return depends on the project.
  • Policy risk. USCIS policy and program rules change. The EB-5 Immigrant Investor Program has lapsed before, and further reform is under active consideration.

None of this is an argument against EB-5. It is an argument for underwriting the project before you underwrite the timeline.

How FlexPath Evaluates the Underlying Investment

Concurrent filing is a procedural advantage. On its own, it is not a reason to choose one project over another.

FlexPath evaluates opportunities investment-first, across established asset classes including real estate, infrastructure, and franchise-based operating businesses. We look for thorough underwriting, durable collateral, and sound economic fundamentals before we look at filing mechanics. Our leadership has raised more than $1.5 billion across EB-5 regional center projects and evaluated more than $11 billion in commercial real estate.

The order matters. Capital preservation first, immigration success second. A project that sits in a reserved visa category and permits concurrent filing is still the wrong choice if the underlying economics do not hold.

Frequently Asked Questions

No. Adjustment of status requires you to be physically present in the U.S. in valid nonimmigrant status. Investors abroad pursue consular processing through the Department of State, filing Form DS-260 after the I-526E is approved.
Not the green card itself. It moves work and travel authorization earlier and lets you remain in the country while the case is pending. The I-485 still cannot be approved until the I-526E is approved and a visa remains available.
Yes. A spouse and unmarried children under 21 can file their own I-485, I-765, and I-131 as derivative applicants when you file yours.
A properly filed I-485 stays pending, but USCIS cannot approve it until a visa is available again in your category.

Yes. Many investors keep H-1B status active after concurrently filing the I-526E and I-485, then decide later whether to move to the EAD. That choice carries real consequences and belongs with your immigration attorney.

If you are weighing whether to file the I-485 concurrently, the first question is not procedural. It is whether the project behind it stands up to scrutiny on its own terms. That is where we start.

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