Concurrent filing was one of the key features of the EB-5 Reform and Integrity Act (RIA) of 2022 and provides EB-5 Regional Center investors the ability to concurrently file a Form I-485, Application to Register Permanent Residence or Adjustment Status (AOS) application when the Form I-526E, Immigrant Petition by Regional Center Investor is filed.
What is Concurrent Filing?
Concurrent filing was one of the key features of the EB-5 Reform and Integrity Act (RIA) of 2022 and provides EB-5 Regional Center investors the ability to concurrently file a Form I-485, Application to Register Permanent Residence or Adjustment Status (AOS) application when the Form I-526E, Immigrant Petition by Regional Center Investor is filed.
Who May Concurrently File?
1. An EB-5 investor and any dependent family members are legally present in the United States
2. The EB-5 investor and any dependent family members must be in the US in a lawful status.
a. US visa waiver is not a lawful visa status
Which visas (“lawful status”) allow for concurrent filing?
- “Dual Intent” statuses – H and L statuses are considered “dual intent”, meaning that a person holding this status may have the intention to conduct the activity under their current visa AND of seeking lawful permanent resident status. Dual Intent status allows the AOS application to be filed immediately with the I-526E.
- “Nonimmigrant intent” statuses – any other visa status other than H or L, likely means the EB-5 investor and eligible family members are in a nonimmigrant intent status. If in nonimmigrant intent status (i.e. B, F, TN) please consult an immigration attorney on whether concurrent filing can occur. If recommended by an immigration attorney, most will advise the petitioner to wait 90 days prior to filing the AOS application.
Does Concurrent Filing Allow Me to Work and Travel in the US?
If an EB-5 investor and their eligible family members are in H or L statuses (dual intent statuses) prior to filing the Forms I-526E and I-485, they will have the most freedom immediately after concurrently filing because they are able to continue working (as long as their previous visa status remains valid) and travel in and out of the US (as long as their previous visa status remains valid).
If an EB-5 investor and their eligible family members are in B, F, or TN statuses (nonimmigrant intent statuses), they will be able to continue their activities allowed under their current visa status for the duration that remains. The filing of the AOS will allow them to remain in the US, regardless of the original visa status and its validity. However, to secure the benefits a permanent resident has to work and travel freely in the US, they will have to file travel and work authorization documents and receive approval on those documents to begin working and traveling (assuming their original valid visa status does not already allow them to). are separate forms from the Form I-485 (AOS). There is no additional cost to file work and travel forms at the same time as the Form I-485 (AOS) and filing together helps achieve faster adjudication.
· I-131, Application for Travel Document (Advance Parole/Travel Authorization), and
· I-765, Application for Employment Authorization (Employment Authorization Document – EAD)
