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FOR APPLICANTS ALREADY IN THE U.S. IN VALID STATUS
File your green card at the same time as your EB-5 petition.
Concurrent filing lets you submit Form I-485 alongside your I-526E investor petition. Once it is pending, you can get work and travel authorization that does not depend on an employer, while you wait for your case to be approved.
How concurrent filing works
When an EB-5 visa number is available for your country of birth, you do not have to wait for your I-526E to be approved before starting your green card. You file the I-485 adjustment of status application at the same time. With that application pending, you may also apply for an Employment Authorization Document and advance parole, which give you the freedom to work for anyone and travel while the case is reviewed.
What concurrent filing gives you
- Work authorization (EAD). Work for any employer, or for yourself, without sponsorship.
- Travel permission (advance parole). Leave and re-enter the U.S. while your case is pending.
- Independence from your job. If you are later laid off with the I-485 pending, your work authorization does not disappear with the job.
- Family included. Your spouse and unmarried children under 21 can file alongside you.
Who concurrent filing is for
It depends on your current visa. H-1B allows dual intent, so the transition is usually straightforward. E-2 and TN do not allow dual intent, so timing matters and you should coordinate carefully with counsel to keep valid status throughout.
Am I eligible to file concurrently?
- You are physically present in the U.S. in a valid nonimmigrant status.
- An EB-5 visa number is available for your country of birth, so your priority date is current.
- You meet the EB-5 investment amount and your capital is from a lawful, fully traceable source.
Step by step
1
File together
Submit the I-526E petition and the I-485 application at the same time, with the EAD and advance parole requests.
2
Receive work and travel permits
The EAD and advance parole usually arrive within a few months, letting you work and travel while the case is pending.
3
Petition approved
USCIS approves the I-526E, confirming the investment and job creation plan.
4
Conditional green card
The I-485 is approved and you receive a two-year conditional green card, then file the I-829 to make it permanent.
This page is educational and is not individual immigration or legal advice. Eligibility and timing depend on your visa, country of birth, and visa availability, which change over time. Please consult qualified immigration counsel about your specific situation