For EB-5 investors already in the United States, the option to remain in the country while your Green Card application is processed can make all the difference. Thanks to the EB-5 concurrent filing provisions under the Reform and Integrity Act (RIA), qualified applicants now have a clearer pathway to adjust their status without leaving the U.S. This article explores how concurrent filing works, its benefits for students and professionals, and the practical steps that keep families secure while waiting for Green Card approval.
What Is Concurrent Filing?
Concurrent filing allows EB-5 investors to submit their Form I-526E (the EB-5 petition) together with Form I-485 (the adjustment of status application) if they are lawfully present in the U.S. on a valid visa and a visa number is immediately available.
This means investors don’t have to wait abroad while their petition is adjudicated. Instead, they can stay in the U.S., continue their studies or employment, and transition more smoothly into permanent residency.
Adjusting Status: From F-1 to EB-5
Many international students in the U.S. are exploring the F-1 to Green Card pathway in the U.S. by transitioning from a student visa to the EB-5 Immigrant Investor Program. Through adjusting status F-1 to EB-5, students can leverage concurrent filing to remain in the country legally as they pursue permanent residency.
For students nearing the end of Optional Practical Training (OPT) or those concerned about H-1B visa uncertainties, this pathway provides stability and a long-term solution.
I-485 EB-5 for Students: A Practical Advantage
The ability to file I-485 EB-5 for students offers multiple benefits:
- Legal stay: Students can remain in the U.S. lawfully while their Green Card application is pending.
- Career continuity: No disruption to internships, research, or job opportunities.
- Peace of mind: A safety net in case other non-immigrant visa options (such as H-1B) are unavailable.
This makes concurrent filing an increasingly popular option for students looking to secure their future in the U.S.
Work Authorization Pending Green Card Approval
One of the biggest advantages of concurrent filing is the ability to apply for Employment Authorization (EAD). With this benefit, EB-5 applicants can work legally in the U.S. while waiting for their permanent residency to be processed.
This work authorization pending Green Card approval is a game-changer, offering flexibility and independence for students and professionals alike.
Travel Parole for EB-5 Applicants
Concurrent filers can also apply for Advance Parole, which allows them to travel internationally and reenter the U.S. without jeopardizing their pending Green Card application. This travel parole for EB-5 applicants provides the freedom to maintain family, business, or academic commitments abroad, while keeping the EB-5 process on track.
Staying in the U.S. During the EB-5 Process
The ability to remain in the U.S. while pursuing a Green Card through EB-5 brings stability during a period that could otherwise be filled with uncertainty. By staying in the U.S. during the EB-5 process, investors and their families avoid disruptions, continue building their careers, and maintain their quality of life while awaiting approval.
Key Takeaways
- EB-5 concurrent filing allows simultaneous submission of I-526E and I-485.
- Students can adjust their status from F-1 to EB-5 and pursue an F-1 to Green Card pathway in the U.S.
- Filing I-485 offers benefits like work authorization pending Green Card and travel parole for EB-5 applicants.
- Families and individuals can continue staying in the U.S. during the EB-5 process, enjoying continuity and security.
Conclusion
Concurrent filing (I-485/I-526E) is more than a procedural change—it’s a powerful tool for EB-5 investors who want to remain in the U.S. while their Green Card is being processed. For students, professionals, and families alike, this pathway offers work and travel flexibility, security of lawful presence, and a smoother journey to permanent residency.
At CanAm, we continue to guide investors through every step of the EB-5 process, helping them maximize opportunities and achieve their U.S. immigration goals.
