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Programme guides · US EB-5 Investor Immigration

EB-5 Concurrent Filing with I-485: The Benefits for Applicants Already in the US

Summary

EB-5 applicants lawfully in the US whose priority date is current can file I-526E and I-485 to adjust status together, and apply for work and travel permits while they wait.

What is concurrent filing?

Normally, EB-5 investors file I-526E first and apply for a green card after approval. If you are already lawfully in the US and your priority date is current, you can file the I-526E together with an I-485 application to adjust status.

The benefits

  • No need to return home for an immigrant visa.
  • Apply for a work permit and travel permit while you wait.
  • A better overall timeline — especially important for families with children close to 21.

Who it suits

  • People in the US on a student or work visa.
  • Families whose children are already studying in the US.

Points to note

Eligibility depends on your current status and the visa backlog, so confirm before filing. One client filed I-526E and I-485 together after four months of preparing the source of funds, and received a conditional green card in 16 months.

FAQ

Can I file concurrently if my priority date isn’t current?

Generally you can only file I-485 once your priority date is current — check the monthly Visa Bulletin.

Sources

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