If you’re considering the EB-5 Immigrant Investor Program, you may have heard about “concurrent filing.” This relatively new option could make your journey to a green card smoother and faster. Here’s a straightforward breakdown of what concurrent filing is, who can benefit from it, and what you need to know to make the most of it.
Concurrent filing allows you to file two key applications at the same time:
1. Form I-526E – This is the immigrant petition by a Regional Center Investor. It’s the basis for your green card
2. Form I-485 – This is the application to adjust status in the U.S. It’s how you apply for a green card if you’re in the States.
Thanks to the EB-5 Reform and Integrity Act of 2022, applicants filing under the set aside visa categories (rural, high-unemployment, or infrastructure projects) can now submit these forms together, saving valuable time. This is especially so for people from visa back-logged countries, such as China or India.
Concurrent filing offers several benefits:
- Start Your Green Card Process Sooner: Filing both forms together means you don’t have to wait for your I-526E petition to be approved before beginning your green card application.
- Work and Travel Authorization: When you file Form I-485, you can also apply for work and travel authorization, allowing you to work in the U.S. and travel internationally while waiting for approval of your green card application.
Not everyone is eligible for concurrent filing. To qualify you must be present in the U.S under a valid nonimmigrant status; e.g. H-1B, TN, or F-1 visa.
While concurrent filing is a great option, there are a few things to watch out for:
- Visa Bulletin Updates: The Visa Bulletin changes monthly, so you’ll need to check it regularly to ensure you’re eligible for a green card under the EB-5 program.
- Regulatory Changes: Immigration laws and policies can change, affecting timelines and processes. Staying informed or consulting with an experienced immigration attorney is crucial.
- Backlogs: If there’s a delay in visa availability for your country, it could impact how quickly your status adjustment moves forward.
Not everyone is eligible for concurrent filing. To qualify you must be present in the U.S under a valid nonimmigrant status; e.g. H-1B, TN, or F-1 visa.
While concurrent filing is a great option, there are a few things to watch out for:
- Visa Bulletin Updates: The Visa Bulletin changes monthly, so you’ll need to check it regularly to ensure you’re eligible for a green card under the EB-5 program.
- Regulatory Changes: Immigration laws and policies can change, affecting timelines and processes. Staying informed or consulting with an experienced immigration attorney is crucial.
- Backlogs: If there’s a delay in visa availability for your country, it could impact how quickly your status adjustment moves forward.
Concurrent filing can help streamline your path along with your family’s path to a green card, allowing you to work and travel while your adjustment of status is pending. Always consult with an immigration professional to confirm your eligibility and understand your specific situation.
Ready to explore your options? Get in touch with us today to learn more about how we can help you navigate the EB-5 program.
