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.
Concurrent filing is a filing sequence, not a separate program. Four forms are normally submitted together.
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.
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 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.
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.
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.
None of this is an argument against EB-5. It is an argument for underwriting the project before you underwrite the timeline.
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.
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.
