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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

Written by Global Immigrate consultants · Reviewed by Oscar Yip, Founder & Managing Director

Summary

EB-5 applicants lawfully in the US whose priority date is current can file I-526E and I-485 together, and apply for work and travel permits while they wait. The conditions, benefits, who it suits and points to note.

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.

Standard vs concurrent filing

Standard Concurrent
Location Can be overseas Must be lawfully in the US
Order Green card after I-526E approval I-526E and I-485 together
While waiting Depends on your visa Work and travel permits available

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
  • Taiwan-born applicants, whose priority dates are generally current

Points to note

  1. Confirm your current status is lawful and valid.
  2. Check the monthly Visa Bulletin to confirm your date is current.
  3. Have the source-of-funds documents ready before filing.

An example

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 date isn’t current?

Generally only once your priority date is current — check the Visa Bulletin.

Can I work while waiting?

Yes, once your work permit is approved.

Can I leave the US?

Get a travel permit first, or it may affect your I-485.

Sources

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