For Indian H-1B professionals, concurrent filing of EB-5 adjustment of status while visa categories are current provides immediate, tangible benefits. But recent policy changes to Employment Authorization Documents have created new considerations for investors planning their EB-5 strategy.
Understanding what concurrent filing provides, how recent EAD changes affect planning, and what to watch as you navigate the process is critical for making informed decisions.
Why Concurrent Filing Matters for Indian Professionals in the U.S.
Concurrent filing means submitting your I-526E petition and I-485 adjustment of status application simultaneously when your visa category is current. For Indian investors already in the United States, this provides immediate protections and benefits.
As immigration attorney Rohit Turkhud explains, “Filing the adjustment of status is what protects them for the future, even if there is a retrogression. Once they have filed the adjustment of status, they have the right to remain in the United States.”
Who Benefits Most from Concurrent Filing
The H-1B professional demographic dominates EB-5 investment from India. As Vivek Tandon describes, “They’ve been in the US generally for five, 10, and sometimes even 15 years. They’ve built their lives here. They’re married, they’ll have a kid or two, usually a US citizen. They have a house, car payments, mortgage. The basic piece missing is permanency because they’re essentially employer dependent.”
For these professionals facing:
- Job market instability
- Increasing H-1B visa fees
- 60-day grace periods after layoffs
- Employer dependency concerns
Concurrent filing provides immediate relief through adjustment of status benefits.
What Adjustment of Status Provides
Filing I-485 adjustment of status delivers three critical benefits, even before your green card is approved.
- Right to Remain in the United States
“Even if the EAD timelines are compromised, the filing of the adjustment of status is giving the investor the right to remain in the United States all the way till the adjustment is approved,” Turkhud emphasizes. “That I think is really, really important.”
This protection exists regardless of your employment status. Even if you lose your job and your H-1B expires, your pending adjustment application allows you to remain legally in the U.S. while your case processes.
- Employment Authorization Document (EAD)
The EAD provides freedom to work for any employer without visa sponsorship. This eliminates employer dependency and allows you to:
- Change jobs without transfer petitions
- Negotiate better compensation and positions
- Start your own business
- Accept multiple employment opportunities
- Advance Parole Travel Document
Advance parole allows international travel and return to the United States without needing to maintain H-1B or other visa status. This provides critical flexibility for family emergencies, business travel, or personal reasons.
The Major EAD Policy Shift: What Changed
Recent administrative changes to Employment Authorization Documents have significant implications for EB-5 investors.
Shorter Validity Period: 18 Months vs. Previous Expectations
The administration reduced EAD validity from expectations of longer periods to 18 months. As Turkhud explains, the administration “decided that they did not want to give five year valid EAD cards, but reduce it to 18 months so that they could continue to vet the EAD applicants from a security perspective.”
Loss of Automatic Extension Benefit
Perhaps more significantly, “they have terminated the automatic extension of the EAD upon filing for an extension, even if that is done in a timely manner,” notes Turkhud.
Previously, filing for EAD renewal before expiration provided a 540-day automatic extension. This allowed continuous work authorization while the renewal processed. Without automatic extension, gaps in work authorization become possible if USCIS processing delays occur.
Advance Parole Timeline Uncertainty
“To the best of my knowledge, there has not been any guidance on whether the administration is going to reduce the advance parole timelines,” Turkhud notes. “We don’t know at this point whether they will continue to issue advance parole for five years or whether they will limit that to 18 months as well.”
If advance parole is reduced to match EAD validity, combo cards would share the same 18-month end date.
Why Investors Should Keep H-1B Active as Long as Possible
Given EAD changes, maintaining H-1B status alongside adjustment of status filing provides strategic protection.
As Tandon advises, “All of us do encourage people to not necessarily voluntarily give up their H-1B status. If they have valid H-1B status, they should continue down that path.”
H-1B as a dual intent visa allows you to maintain status while pursuing permanent residency. This provides:
- Backup work authorization: If EAD renewal faces delays
- Travel flexibility: H-1B visa for re-entry if advance parole uncertain
- Risk mitigation: Multiple paths to legal status
The EAD functions as an “insurance policy,” but maintaining H-1B when possible provides additional security during the adjustment process.
Timeline Reality Check: I-526E Approval Does Not Equal Green Card
Understanding realistic timelines helps set appropriate expectations and avoid disappointment.
As Turkhud cautions, “It’s important to remember that there is a gap, sometimes substantial, between getting the I-526E approved and getting the adjustment of status approved or getting the consular processing done.”
That gap is influenced by:
- Visa bulletin movements and retrogression
- USCIS processing backlogs
- Consulate appointment availability
- Resource allocation at service centers
“When people say, oh, I’ve got my, I’m gonna get my green card in six months, I think they need to pause and ask for clarification,” Turkhud advises.
As he summarizes, “Time is never of the essence when it comes to the immigration service. There is no FIFO, which is first in, first out, and there is nothing which says that it’s going to take a maximum amount of X time to get something resolved.”
Your Concurrent Filing Strategy: Plan for Shorter Timelines
Despite EAD changes, concurrent filing remains a powerful tool. Your strategic approach:
- File while current: Don’t wait for perfect timing that never comes
- Value the right to remain: This matters more than EAD validity length
- Maintain H-1B when possible: Dual status provides security
- Plan for 18-month EAD cycles: Budget renewal fees and timeline
- Set realistic expectations: I-526E approval is one step, not the finish line
- Stay informed: Monitor policy changes affecting EAD and advance parole
As Turkhud concludes, “Even if the EAD is reduced to 18 months, that should not be a deterrent to filing the adjustment of status clearly in my mind. The filing of the adjustment of status is giving the investor the right to remain in the United States. That I think is really important.”
Shorter document validity requires more frequent renewals, but the fundamental protection of pending adjustment status remains invaluable for Indian professionals building their lives in the United States.
Ready to Start Your EB-5 Journey?
If you’re an Indian professional or family considering EB-5 investment immigration, starting with the right partner makes all the difference. CanAm Enterprises is one of the largest and most experienced regional centers in EB-5 history, with a track record built on execution, accountability, and results:
- $4 billion+ raised in EB-5 capital across 75+ projects
- $2.5 billion+ in capital successfully returned to investors
- 17,100+ conditional green cards issued
- 9,300+ permanent green cards issued
- 100% USCIS project approval rate
Contact us: info@canamenterprises.com or call +1 (212) 668-0690.
About the Webinar Speakers
Peter Calabrese, CEO, CanAm Investor Services
Peter leads CanAm’s U.S. division, overseeing the sale of private placement funds for foreign investors based in the U.S. With over a decade of experience in the EB-5 industry, his background provides strategic oversight and informed guidance to prospective investors and partners.
Vivek Tandon, Managing Director, Sequence Financial Specialists
Vivek is a seasoned financial expert specializing in cross-border wealth management and advisory services. He brings deep knowledge of U.S. and international financial landscapes, assisting high-net-worth individuals with strategic planning.
Rohit Turkhud, Member, CSG Law
Rohit is a distinguished immigration attorney with extensive experience in U.S. immigration law. His practice focuses on advising individuals and corporations on various visa matters, including the complexities of investment immigration for foreign nationals.
