Concurrent filing allows certain EB-5 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 petition alongside an application to adjust status to permanent residence, as well as applications for work authorization and travel permission.
The primary benefit of concurrent filing is speed and flexibility during the waiting period. Investors may be eligible to receive employment authorization and advance parole (travel authorization) while their EB-5 petition remains under review. 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.
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.
As with all EB-5 matters, concurrent filing involves both immigration and procedural considerations. Investors should consult with experienced immigration counsel to determine eligibility, timing, and the most appropriate strategy for their individual circumstances.
