What is the Concurrent Filing?
Concurrent Filing is a provision of the EB-5 program, which allows eligible U.S.-based investors to file both Form I-526 (Immigrant Investor Petition) and Form I-485 (Adjustment of Status) simultaneously, as mandated by the Reform and Integrity Act of 2022.
Understanding The Background
The EB-5 Reform & Integrity Act, signed on March 15, 2022, introduced an important shift for investors already in the U.S.; they can now file Form I-526E and Form I-485 concurrently.
The key highlights include:
- Simultaneous Submission of EB-5 petitions and adjustment of status applications, which allows investors to remain in the US throughout the process.
- Applicants typically receive their access to EAD (Employment Authorization Document) & AP (Advance Parole) within 3-6 months after filing.
- This processing time can vary, as per USCIS, which enables them to work and travel while their I-485 is pending.
What are the Eligibility Criteria for Concurrent Filing?
- Concurrent Filing is only permitted if the beneficiary is physically present in the U.S. and maintains a valid non-immigrant status.
- The Principal requirement is that the applicant’s priority date must be current, meaning the visa number in the visa bulletin must show the date as current at the time of filing.
- Along with the immediate availability of the applicant’s relatives, spouses, and children living in the U.S, the applicant must demonstrate sufficient financial solvency.
Step-by-Step Concurrent Filing Process
- Eligible Availability
The applicant must be in the US and must meet the eligibility requirements for concurrent filing.
- Gather necessary documents
Prepare all the required documents, which also include evidence of eligibility for employment and adjustment of status.
- Fill out the Form of Immigrant Petition and Form for Adjustment of Status accurately.
- Applicants may also include the optional form for Travel Permit and Work Authorization.
- Send the completed forms, supporting documents, and filing fees to USCIS.
- Attend an interview, which may be scheduled to verify the application and documents.
What are the merits of the Concurrent Filing?
- Faster Access to U.S Benefits
You can apply for a work permit (EAD) and travel permit (Advance Parole) right away, even when your Green Card is being approved.
- One Combined Processing Timeline
Your Immigrant petition (Form I-526) and adjustment of status application (Form I-485) move through the system together, which in short reduces the back-and-forth delays.
- Locks in the application status
Concurrent filing locks in the application status, which can help reduce the risk of the category being unavailable later.
- One process for the whole family
Spouses and children can file their I-485s together and get their own EADs and travel permits, helping the entire family to stay together during processing.
Who Qualifies for Concurrent Filing?
- Concurrent Filing is available for applicants who are physically present in the U.S.
- Your Visa category must be current on the visa bulletin at the time of filing.
- An individual is qualified if they are filing their immigrant petition and green card application together.
Conclusion
Concurrent Filing is a significant option for applicants who are already in the U.S., as it allows them to submit the green card application alongside the immigrant petition, enabling a faster and more efficient path to residency.
It provides them early access to work and travel authorization, along with the ability for dependents to apply together, and it also helps minimize the uncertainty caused by processing delays.
Concurrent Filing is a strategic and beneficial step toward securing U.S residency with greater speed and confidence.
About Acquest Advisors
Acquest Advisors is a trusted immigration consultant agency specializing in Business Immigration and Residency/Citizenship by Investment programs across the U.S., Europe, and the UAE.
We offer comprehensive, end-to-end support, assisting clients with source of funds planning and investment selection, whether in projects, property, or business, as well as documentation, business plan preparation, and foreign remittance. Our dedicated team ensures a smooth and hassle-free immigration journey.
How can Acquest Advisors help you?
At Acquest Advisors, we make this complex process simple and stress-free. We begin with a personalized eligibility assessment, reviewing your visa category to confirm if concurrent filing is the right path for you. Our experts manage your case from start to finish. With our team, you gain not only expert support but also peace of mind on your journey to U.S. residency.
Let’s take the next step in securing your family’s dream with clarity, confidence, and expert guidance from us.
Watch the Full video on our YouTube channel for a step-by-step explanation of the entire concurrent filing process.