With uncertainty surrounding how much longer EB-5 set-aside categories will remain current for Indian and Chinese investors, many already in the United States on other visa categories are scrambling to take advantage of concurrent filing.
While most investors are familiar with the major steps needed for concurrent filing, there are several often-overlooked requirements that can delay the process if investors are not prepared. In particular, advance preparation for the medical examination, biometrics, identity documentation, and ancillary benefit applications can help streamline the adjustment of status process.
Completing the Medical Examination (Form I-693)
The immigration medical examination is a critical component of the adjustment of status application. Although Form I-693 is not technically required at the time Form I-485 is filed, USCIS strongly encourages concurrent filers to submit the medical exam with their initial filing. Doing so can reduce the likelihood of a Request for Evidence and help prevent unnecessary delays once the case reaches adjudication.
The exam must be completed by a USCIS-designated civil surgeon and must be valid at the time of submission. Investors should time the appointment carefully, so the medical report remains valid throughout the early stages of processing. Including Form I-693 at filing can help position the I-485 for more efficient review.
Preparing for Biometrics Collection
All adjustment of status applicants are required to complete biometrics, which typically include fingerprinting, a photograph, and a signature. While biometrics are scheduled by USCIS after filing, investors should plan ahead to ensure they are available to attend the biometrics appointment once the notice is issued.
Biometrics appointments are generally scheduled at a local Application Support Center (ASC) and must be attended in person. Failure to appear or to timely reschedule can result in processing delays or even denial of the application. Investors who anticipate travel, work obligations, or relocation should plan accordingly so that biometrics can be completed promptly when scheduled.
Assembling Identity and Immigration Status Documentation
Concurrent filing requires a complete and well-organized set of identity and immigration documents to support the adjustment application. These records allow USCIS to confirm lawful entry into the United States and continued eligibility for adjustment of status.
Investors should have a valid passport, copies of all relevant visa stamps, and a current I-94 arrival/departure record. Prior immigration approval notices, such as those for H-1B, L-1, or F-1 status, should also be included where applicable. Ensuring that these documents are consistent across all filings can help avoid follow-up requests and streamline review.
Filing Ancillary Applications for Work and Travel Authorization
One of the most significant advantages of concurrent filing is the ability to apply for interim benefits while the EB-5 petition and adjustment application are pending. Most investors choose to submit Form I-765 (Employment Authorization Document) and Form I-131 (Advance Parole) together with Form I-485.
These ancillary applications allow investors to work in the United States and travel internationally without abandoning their adjustment application. For investors transitioning from temporary nonimmigrant status, these benefits provide important flexibility and continuity while awaiting final adjudication.
For EB-5 investors pursuing concurrent filing, attention to procedural readiness can materially affect the overall experience. Completing the medical exam, planning for biometrics, assembling identity documentation, and preparing ancillary benefit applications in advance can help reduce delays and maximize the practical benefits of concurrent filing. Addressing these items upfront allows investors to move through the adjustment process with greater predictability and confidence.
Please note that the above article is intended for educational purposes. Anyone with a specific issue pertaining to concurrent filing should consult with an experienced immigration attorney.
