How does concurrent filing benefit an EB-5 applicant?

A significant change in 2022 significantly streamlined the immigration process for EB-5 investors who reside in the US. The introduction of concurrent filing allows you to submit your I-485 adjustment of status application alongside your I-526E petition. This is a positive change from the previous EB-5 process, which required I-526 approval before submitting the I-485.

This change offers two crucial and fast supplementary benefits to the US-based EB-5 investor as they wait for I-526E approval:

• The Employment Authorization Document (EAD) grants you permission to legally work in the US while your green card application is pending. This can be crucial for supporting yourself and your family during the process.
• The Advance Parole Travel Document (APTD) allows you to leave the US and return without having to reapply for your visa while your green card application is pending. This offers travel flexibility and avoids potential disruptions to your green card journey.

This modernized approach allows you to achieve your green card goals more efficiently and enjoy the benefits of authorized employment and travel earlier in the process.

Video Transcript
Pursuing a green card through EB-5 involves two primary components. One is the submission and approval of an immigrant petition called an I-526E. The second is either consular processing, if the foreign national is located abroad, or adjustment of status through the filing of I-485 If the individual is residing in the US. A significant change occurred in 2022 that enabled investors to concurrently file the I-526E with the I-485 adjustment of status application if residing in the U.S. This was a big significant change for investors because it allows them to submit applications for two supplementary benefits called the Employment Authorization Document and Advance Payroll Travel Document. Those may only be submitted with the I-485. Previously, investors had to wait on the I-526 to be approved before submitting the I-485. Concurrent filing allows all of those applications to be submitted together. The foreign national achieves unrestricted employment authorization and travel authorization much earlier in the process through the ability to concurrently file the I-526 with the I-485.

Presented by:
Brent Huddleston, Immigration Attorney, Huddleston Law Group PLLC