Concurrent Filing

Concurrent Filing: Defined, Requirements, and Benefits

One of the key investor benefits of the EB-5 Reform and Integrity Act of 2022 (RIA) is the ability to concurrently file an I-526 petition (standalone investment) or I-526E petition (regional center investment) and I-485 petition, for adjustment of status, at the same time.

Concurrent filing is only permissible for EB-5 investors who are already in the United States on a valid nonimmigrant visa (typically H-1B, E-2, and F-1) and who have a current priority date. 

Before the passage of the RIA, investors had to wait for the I-526 approval before they could file to adjust their status.

The main advantage of concurrent filing is that it allows the applicant to receive work authorization and travel authorization while their EB-5 application is pending. This means that they can continue working and traveling while they wait for their EB-5 application to be processed, which can take several years.

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