What Is Concurrent Filing?
Concurrent filing is the process of submitting Form I-485 (Application to Register Permanent Residence or Adjust Status) at the same time as Form I-526E (Immigrant Petition by Alien Investor). Under the standard sequential process, an investor files I-526E, waits for USCIS to approve it, and then files I-485 separately. Concurrent filing collapses these two steps into a single submission.
The key requirement for concurrent filing is that a visa number must be immediately available at the time of filing. The Department of State publishes the visa bulletin each month, and the bulletin indicates whether each preference category and country of chargeability is "Current" or has a cutoff date. Only when the bulletin shows "Current" can the I-485 be filed alongside the I-526E.
For EB-5 investors, concurrent filing has become increasingly important since the EB-5 Reform and Integrity Act of 2022 (RIA) created reserved visa categories for Rural, High Unemployment Area, and Infrastructure projects. Many of these reserved categories currently show "Current" on the visa bulletin, making concurrent filing available to investors in those categories regardless of country of birth.
EAD, Advance Parole, and the Concurrent Filing Advantage
One of the most significant advantages of concurrent filing is that the I-485 application triggers eligibility for two ancillary benefits: the Employment Authorization Document (EAD) and Advance Parole (AP). These documents are typically issued within a few months of filing, long before either the I-526E or I-485 is fully adjudicated.
The EAD provides unrestricted work authorization in the United States. Unlike nonimmigrant work visas, which typically tie employment to a specific employer, the EAD allows the holder to work for any employer, start a business, or be self employed. This flexibility is particularly valuable for EB-5 investors who wish to actively participate in the U.S. economy while their petition is pending.
Advance Parole permits international travel without abandoning the pending I-485 application. Without AP, departing the United States while an I-485 is pending is generally treated as abandonment of the adjustment application. Investors who hold dual intent visas (H-1B or L-1) have additional flexibility, as they can travel on their valid nonimmigrant visa without relying solely on AP.