What Is Concurrent Filing?
Concurrent filing allows an EB-5 investor to submit Form I-485 (Application to Register Permanent Residence or Adjust Status) at the exact same time as Form I-526E (Immigrant Petition by Regional Center Investor), or while the I-526E is still pending. Prior to the RIA in 2022, investors had to wait for their I-526 petition to be fully approved—a process taking several years—before they could apply for adjustment of status.
Key Benefits of Concurrent Filing
- Remain in the U.S.: Immediately upon filing the I-485, the applicant enters a period of "authorized stay" in the U.S., allowing them to legally remain in the country while the petition is processed, even if their underlying nonimmigrant visa expires.
- Work Authorization (EAD): Applicants can simultaneously file Form I-765 for an Employment Authorization Document, allowing them to work legally for any employer in the U.S. without needing H-1B sponsorship or facing OPT/STEM OPT limitations.
- Travel Authorization (AP): Applicants can file Form I-131 for Advance Parole, permitting international travel and reentry while awaiting their final green card approval.
Eligibility Requirements
Not all EB-5 investors are eligible for concurrent filing. To qualify, an applicant must satisfy all of the following conditions:
- Physical Presence in the U.S.: The applicant must be physically present inside the United States at the time of filing the I-485. Investors residing abroad must undergo consular processing instead.
- Valid Nonimmigrant Status: The applicant must have entered the U.S. lawfully and currently be maintaining a valid, unexpired nonimmigrant status (such as F-1, H-1B, E-2, etc.).
- Priority Date Must Be Current: A visa must be immediately available to the applicant at the time of filing. The applicant's nationality and chosen visa category (Unreserved vs. Set-Aside) determine this. For heavily backlogged countries like India or China, filing under a "Current" set-aside category (like Rural or High Unemployment) is the only way to meet this requirement.
How It Connects to the Grandfathering Deadline
The ability to concurrently file provides immense immediate value for international students (F-1) or workers (H-1B) seeking freedom from visa restrictions. However, to secure the $800,000 TEA investment threshold, the I-526E petition must be properly filed prior to the September 30, 2026 Grandfathering Deadline.
Because preparing an I-526E petition, proving lawful source of funds, and transferring capital takes weeks or months, investors planning to concurrently file must begin the process well in advance of the deadline or risk facing a projected $100,000+ investment increase.
Filing Fees for Concurrent Filing
Prior to April 1, 2024, the I-485 fee included the costs for the I-765 (EAD) and I-131 (AP). Under the current USCIS fee schedule, these applications are now "unbundled" and must be paid for separately when concurrently filing.
| Form | Purpose | Fee (Per Person) |
|---|---|---|
| I-485 | Application to Register Permanent Residence or Adjust Status | $1,440 |
| I-765 | Application for Employment Authorization (EAD) | $260 |
| I-131 | Application for Travel Document (Advance Parole) | $630 |
| Total Government Fee (Concurrent Package) | $2,330 | |
*Note: These fees are per family member applying. Minor children (under 14) modifying with a parent pay a reduced I-485 fee of $950. The I-526E petition has its own separate filing fee ($11,160) not included in the adjustment of status table above.
Don't Miss the Filing Window
Ensure your concurrent filing petition package is fully submitted before the September 2026 deadline to lock in current investment minimums.