For someone already living in the United States on a work or student visa, the appeal of EB-5 is not abstract. It is the ability to file for a green card without leaving, and to gain stability while the case is pending. That ability rests on a single mechanic: concurrent filing. Understanding how it works, and what protects it, is the difference between seeing EB-5 as a distant option and seeing it as an actionable plan.
In a recent CanAm Investor Services webinar with WR Immigration, the panel returned repeatedly to concurrent filing as the reason so many people currently in the U.S. are moving now. Here is what it is and why it matters.
What concurrent filing is
When an EB-5 investor’s category is current, an applicant already in the United States can file the adjustment of status application, Form I-485, at the same time as the EB-5 petition, Form I-526E. That is concurrent filing. Rather than waiting for the petition to be approved before starting the green card process, the two move together.
The petition still has to be approved before the adjustment can be approved, and the priority date must be current at that time. But filing them together unlocks benefits during the wait, which is where the real value sits for someone on temporary status.
The benefits that arrive during the wait
Filing the I-485 opens the door to two documents that change daily life for someone on H-1B or F-1 status. An Employment Authorization Document can allow work without dependence on the underlying nonimmigrant visa, and Advance Parole can allow travel and reentry while the case is pending. For a family whose stability is tied to an employer or a school, that independence is often the point.
Barnett described the practical logic plainly: people are taking advantage of the current window to secure a backup plan in case something changes with their nonimmigrant status. The EB-5 case becomes a parallel track that does not depend on the visa they are currently holding.
Why the window matters, and why it is not permanent
Concurrent filing is only available while the applicable category is current. If a final action date is imposed and it sits before the applicant’s priority date, the ability to file concurrently closes for the affected categories and countries. This is why the panel frames the present as an opportunity rather than a permanent state, and why the reserved categories staying current through the July 2026 bulletin matters.
A benefit that survives final action dates
There is an important nuance that gets lost in the urgency. Oppenheim pointed out that even once final action dates are eventually established, many of the benefits of concurrent filing persist for those who already filed concurrently, despite the case potentially being delayed in processing for several years. In other words, filing during the current window can lock in advantages that continue even after the broader category tightens. He described concurrent filing as an extremely beneficial aspect of the post-RIA program.
What this means in practice
For a prospective investor already in the U.S., the sequence the panel recommended is straightforward: because source-of-funds documentation and retaining counsel take real time, the preparation is worth beginning before the window is forced closed by a bulletin, not after. Concurrent filing is available now for current categories; the value of acting is in securing that position while it exists.
Ready to Put a Plan in Motion?
CanAm Enterprises brings over 20 years of EB-5 focus to investment-linked immigration. CanAm has raised more than $4.1 billion from 8,600+ investors and repaid over $2.5 billion, financing 75+ projects and facilitating more than 9,400 permanent green cards. CanAm operates 11 regional centers across 30+ states, works with JTC as independent fund administrator, and conducts its investor-facing capital markets activity through CanAm Investor Services, a FINRA-registered broker-dealer.
To learn more about current EB-5 opportunities and how the program fits your situation, contact CanAm.
CONTACT: (212) 668-0690 | info@canamenterprises.com | www.canamenterprises.com]
About CanAm Enterprises
CanAm Enterprises has focused on the EB-5 program for over 20 years, structuring, raising, and administering investment capital for projects across the United States. CanAm produces regular analysis of visa bulletin trends and EB-5 policy developments to help investors and their advisors make informed decisions.
