What is Concurrent Filing?

The EB-5 Reform and Integrity Act (RIA) of 2022 introduced a revolutionary benefit for EB-5 investors already located in the United States on a different visa status: concurrent filing. Here’s how it streamlines your green card journey:

Concurrent filing allows you to submit both your EB-5 petition (Form I-526E) and your application for adjustment of status (Form I-485) simultaneously. This eliminates the lengthy wait for I-526E approval before filing for your adjustment of status, significantly decreasing the time it takes to receive certain immigration benefits.

Pre-RIA Challenges:

Previously, investors faced a frustrating delay. They had to wait for USCIS to approve the I-526 petition, which could take years, before filing for permanent residency. This left them in limbo, unable to work freely, travel freely, or build a life in the U.S.

Benefits of Concurrent Filing:

• Faster Immigration Timeline: Concurrent filing allows you and your family to remain in the U.S. and begin living your American dream much sooner.
• Work Authorization (EAD): Along with your I-526E and I-485 applications, you can also submit your request for an Employment Authorization Document (EAD) which grants you the ability to work legally in the U.S. while your case is pending.
• Travel Flexibility: You can also apply for a travel document, allowing you to freely travel outside the U.S. without jeopardizing your application. This provides peace of mind and avoids restrictions on movement.

Improved Quality of Life: With the ability to work and travel, you can integrate into American society, send your children to school, and establish a stable life while awaiting your green card.

Video Transcript
What is concurrent filing and what are the benefits? Concurrent filing in plain English means that we submit your I-526E and your I-485 at the same time. This is really a new benefit or new creation of the RIA program (EB-5 Reform and Integrity Act of 2022) and it single-handedly solves the biggest issue or the biggest headache that most of our investors have. Pre-RIA, if you submitted your I-526 petition, you would have to wait for USCIS to adjudicate it first, to approve it first, before you and your family could step foot into the U.S. Given USCIS can be kind of slow sometimes, it could stretch out to three, four, five or longer years. You know, when people ask us about processing times, we understand the real question people are asking us is, “When can I begin my life in the U.S. of my family?” So with concurrent filing, we can definitively answer that now. When we file your case, your I-526E and your I-485, the moment we file that case, you and your family can stay in the U.S. during that whole entire time We will also be submitting your I-765, which is a work permit, and your travel document. What that basically allows you to do is, while your I-526E and your I-485 might be pending, it allows you to basically live anywhere in the U.S., work anywhere, start your business, put your kids in school and travel freely. Typically after we file your case in about three or four months, you should be getting your EAD or work permit, and within about eight or nine months you can get your travel documents. Once you get your travel document, you are free to travel just like anyone else.

Presented by:
Phuong Le, Founding Partner, KLD