Yes, one of the monumental changes from 2022’s EB5 Reform and Integrity Act is that EB-5 petitioners can now file their I-526 and I-485 petitions simultaneously, provided the priority dates are current. This means EB-5 investors who are already in the United States on a non-immigrant status – such as E-2, F-1, H1B and more – can stay longer in the US by filing the I-485 adjustment of status petition alongside their I-526 immigrant petition.
Advantages of concurrently filing I-526 and I-485
This is a game-changer for many, especially because I-526 petitions for EB-5 classification takes many years to adjudicate, current processing times being estimated at 47-81 months. Prior to the change in the law, many investors needed to wait until the I-526 was approved before they could apply for a green card or could file an adjustment of status if they found another way to be in the United States by then in a non-immigrant status.
Now it is possible for an EB-5 petitioner to submit their I-485 petition from the get-go, alongside their initial I-526 petition (assuming they are already in the US in a non-immigrant status and the priority date is current), which means they are authorized to remain in the United States for what can be over four years while the I-526 is pending.
Possibility for Work Authorization and Travel Authorization
In fact, filing the I-485 also gives the applicant the option to apply for an employment authorization document (EAD) and travel authorization, called Advanced Parole (AP). With the EAD, the applicant can work in the U.S. for any employer while the I-485 petition is pending. With the AP, the applicant can travel in and out of the U.S. without abandoning the application. Practically, the EAD and AP already gives the I-485 applicant many of the same advantages of being a green card holder, in that the applicant is allowed to live and work freely in the U.S. during the period the petition is pending.
Priority Dates Need to Be Current
At the time of writing, priority dates are only current for certain types of EB-5 investors and petition types. They include:
- EB5 petitioners for all types of programs whose country of birth is other than China (mainland) and India.
- EB5 petitioners from all countries, including China and India, who invest in projects in Rural areas.
- EB5 petitioners from all countries, including China and India, who invest in projects in High Unemployment areas (TEAs).
- EB5 petitioners from all countries, including China and India, who invest in Infrastructure projects.
Priority dates are updated every month and announced at the Department of State website. Please see here for more detail on how to interpret the visa bulletin.
Schedule a Consultation with an EB-5 Immigration Attorney
Understanding whether you qualify for concurrent filing under the EB-5 program—and whether your priority date is current—can be complex and depends on your specific circumstances. Our experienced immigration attorneys can help you navigate the process, assess your eligibility, and ensure your application strategy maximizes your chances of success. If you’re considering making an EB-5 investment or have questions about your immigration options, we invite you to schedule a consultation with our firm today. Let’s discuss how we can help you take the next step toward your U.S. green card.
