Allows you to stay in the U.S. while adjusting your visa status
The EB-5 Reform and Integrity Act (“RIA”) of 2022 allows EB-5 petitioners who reside in the U.S. in lawful status to file an application to adjust their visa to that of a lawful permanent resident (Form I-485) concurrently with the filing of their EB-5 petition (Form I-526E). The concurrent filing of Form I-526E and Form I-485 allows the EB-5 petitioner to remain in the U.S. during the time that his/her Form I-526E is adjudication pending.
Immediate benefits from concurrent filing include:
Eligible to obtain Employment Authorization Document (“EAD” card).
Free to work in the U.S. for any employer without sponsorship.
Eligible to obtain travel permit (Advance Parole); freedom to travel inside and outside of the U.S.
How Does Concurrent Filing Work?
Read USCIS’s guidance here.
Case Study: Taking advantage of concurrent filing
H-1B Visas Holders: H-1B visas helped U.S. tech companies recruit skilled and talent workers. Workforce reductions in this sector have placed unforeseen pressures on these workers to find new jobs within a short period of time (60 days) to meet the visa requirement of continued employment or leave the country.
With the new EB-5 concurrent filing option, workers can apply for EAD and Advance Parole immediately after they file for their Form I-526E and Form I-485. In addition, displaced workers seeking to concurrently are entitled to a grace period beyond H-1B’s 60-day employment deadline, thanks to another recent law change in the Immigration Nationality Act.
Switching to an EB-5 green card also eliminates some of the restrictions of H-IB, such as finding an employer sponsor, the temporary nature of the visa and the challenge of accessing an H-1B outside of obtaining one from a lottery.
Concurrent filing allows applicants to remain in the U.S. while their EB-5 petitions and adjustment applications are pending. This provision can be especially useful in situations where a visa holder from another category, such as H-1B, may wish to obtain the flexibility and permanency that EB-5 offers in U.S. immigration policy.
Want to learn more?
To help everyone make informed decisions about living and investing in the United States, CanAm has joined with thought leaders and industry experts for a series of webinars, which seek to demystify EB-5 and dive into topics that matter most to you. Learn more about concurrent filing and other topics by entering CanAm’s webinar screening room.
It’s vitally important to retain a highly qualified and immigration attorney to help you navigate your path choices when concurrently filing to adjust your visa status. CanAm would also be pleased to assist you with your questions and the steps necessary to concurrently file to an EB-5 visa.