What Does Concurrent Filing Mean for EB-5 Investors?

Published: January 10, 2025

Around 10,000 visas are granted to immigrant investors and their families annually, constituting 7.1 percent of all employment-based visa categories in the US immigration system. Categorized as the fifth employment preference immigrant visa, the EB-5 investor visas enable foreign investors to secure permanent residency in exchange for investing in the US. 

In 1990, Congress established the EB-5 Immigrant Investor Program to boost foreign investments and economic growth. Since enacting the EB-5 Reform and Integrity Act (RIA) of 2022, the program has undergone significant reforms to strengthen its efficiency and transparency. 

Before the RIA, investors often experienced substantial delays after filing the EB-5 petition to adjust their status. Since the RIA was passed, EB-5 investors can enjoy faster green card processing through concurrent filing. This post will examine what concurrent filing means for EB-5 investors and how it can accelerate the path to US permanent residency. 

Overview of Concurrent Filing and Its Benefits

Until the enactment of the RIA, investors couldn’t adjust their status until their immigrant petition was approved. That means they had to keep renewing their visa to maintain a lawful presence while awaiting their EB-5 petition processing.

Depending on the type of their non-immigrant visa, those already living in the US might not be able to work while awaiting approval for their EB-5 petition. Investors and their relatives might also face travel restrictions or other limitations. 

With USCIS processing being historically slow, such a lengthy waiting period could be burdensome for investors and their families. It’s even more particularly challenging for those on employment-based visas with stringent time constraints. But thanks to the concurrent filing option, investors can pursue more opportunities while their application is under review.

Concurrent filing typically involves filing the adjustment of status from a nonimmigrant visa to a permanent residency while awaiting the adjudication of an alien investor’s immigrant petition. This enables investors and dependents to immediately access the benefits of legally residing and working in the US without waiting for a green card. 

What to Consider for EB-5 Concurrent Filing

EB-5 concurrent filing is undoubtedly a beneficial option for those who qualify. Yet, despite the opportunities and flexibility it offers, there are challenges involved in the process. Before pursuing this option, investors must carefully consider the following: 

Visa availability

The ability to file concurrently depends on the availability of a visa number at the time of filing. It’s worth noting that concurrent filing may not be an option for investors from countries facing visa retrogressions, such as China and India. 

That’s because the demand for EB-5 visas may exceed the annual allocation. Since the priority date moves backward, the visa number may not be immediately available. As a result, investors from backlogged countries can only adjust their status when their priority date becomes current. 

Eligibility requirements

Even with a visa number available, you must meet specific eligibility requirements to qualify for concurrent filing in some categories. Foreign investors on H-1B, F-1, E-2, and L-1 visas are among the primary beneficiaries of EB-5 concurrent filing. However, to be eligible, they must satisfy the following criteria: 

• Physically present in the US on a valid non-immigrant visa at the time of filing
• Have a minimum investment of $1,050,000 or $800,000 in a Targeted Employment Area (TEA)
• Investments must create or preserve a minimum of 10 full-time jobs for US workers

Concurrent filing process

Concurrent filing requires simultaneous submission of both forms for adjustment of status and immigrant petition with supporting documentation. After USCIS receives the concurrently filed forms, they will arrange a biometrics appointment to get the applicant’s fingerprints, photograph, and other details for criminal background checks. 

The agency may also request an interview to evaluate the applicant’s qualifications further. Once the petitions are successfully processed, USCIS will decide whether to grant conditional permanent status. Investors can request the removal of conditions on their permanent status. It’s crucial to do so within the 90-day window before the conditional status expires. 

Navigate the Concurrent Filing Process With ALG Lawyers

Concurrent filing provides clear advantages in minimizing delays and expediting the green card timelines. However, not everyone qualifies to file concurrently. Adhering to eligibility requirements and timing considerations is crucial for submitting multiple applications or petitions successfully. 

Thus, seeking legal and professional guidance from a Los Angeles Immigration lawyer in navigating the concurrent filing process is in your best interest. Eliminate the guesswork in preparing your application by working with ALG Lawyers. Arrange a consultation with our team to discuss your immigration needs.