The EB-5 Immigrant Investor Program was established in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. This program allows eligible investors to apply for a U.S. green card (permanent residency) by investing in a new commercial enterprise that creates or preserves at least 10 full-time jobs for U.S. workers. You should consult an experienced EB5 visa lawyer to streamline your visa filing process.
Overview of the EB-5 Visa
To qualify for the EB-5 visa, foreign nationals must invest a minimum of $1.05 million in a U.S. business or $800,000 if the investment is made in a Targeted Employment Area (TEA). Once the investment requirements are met, and job creation is demonstrated, investors, their spouses, and unmarried children under 21 can obtain a green card. The EB-5 program has grown in importance, particularly as a route for high-net-worth individuals seeking to gain permanent residency in the U.S. To learn about the key terms related to the EB-5 visa, check out this online EB-5 Dictionary.
Importance of the EB5 Visa Concurrent Filing Option
In 2022, the U.S. government introduced concurrent filing for EB5 visas, which allows EB-5 investors already present in the U.S. under certain visa categories to file for adjustment of status while their EB-5 visa petition (I-526) is being processed. This option provides investors with several advantages, including the ability to stay in the U.S. legally and work or travel while waiting for their green card.
What is EB-5 Concurrent Filing?
EB-5 concurrent filing refers to the ability of investors to file their I-526 Immigrant Petition (which demonstrates their eligibility for the EB-5 program) and their I-485 Application to Adjust Status simultaneously. This option is available only to those who are already in the U.S. on a valid visa (e.g., H-1B, F-1, L-1) and who wish to adjust their status to that of a permanent resident without having to leave the country.
Eligibility Criteria
To qualify for EB-5 concurrent filing, the investor must:
- Be physically present in the U.S. on a valid non-immigrant visa.
- Have a bona fide intention to adjust their status to a lawful permanent resident.
- Be eligible to file Form I-526 and Form I-485 concurrently.
- Ensure that an EB-5 visa is available according to the Department of State’s visa bulletin.
Benefits of Concurrent Filing
EB5 immigration concurrent filing offers several advantages:
- Work Authorization: Investors can apply for an Employment Authorization Document (EAD) while their I-526 is pending, allowing them to work legally in the U.S.
- Travel Permission: Concurrent filing also enables investors to apply for Advance Parole, which allows them to travel internationally and re-enter the U.S. without jeopardizing their pending status.
- Reduced Uncertainty: Since investors can remain legally in the U.S. throughout the process, they avoid the uncertainty and complications that come with departing and re-entering on a temporary visa.
- Family Inclusion: Spouses and children under 21 can also benefit from work authorization and travel permission, provided they file their own adjustment of status applications.
Step-by-Step Guide to EB-5 Concurrent Filing
Initial Consultation and Assessment
Before starting the EB5 concurrent filing process, it is essential to have an in-depth consultation with an experienced immigration attorney who specializes in the EB-5 program. The attorney will evaluate the investor’s current visa status, the investment project, and the investor's long-term goals.
Preparation of Required Documents
Next, investors must prepare the required documents, including:
- Proof of the lawful source of funds used for the EB-5 investment.
- Documentation showing the investment has been or will be made in a U.S. business.
- Evidence that the investment will lead to job creation for U.S. workers.
- Documents related to the investor’s current U.S. visa status.
Filing the I-526 Petition and Adjustment of Status Application Simultaneously
Once the necessary documents are prepared, the investor can file the I-526 petition and Form I-485 (Application to Register Permanent Residence or Adjust Status) concurrently. It is also advisable to file for EAD (Form I-765) and Advance Parole (Form I-131) at the same time to maximize the benefits of concurrent filing.
Important Timelines and Milestones
- I-526 Processing Time: This petition typically takes 18-24 months to process, although the timeline can vary based on the project and the investor’s country of origin.
- I-485 Processing Time: The adjustment of status application can take approximately 12-24 months.
- EAD and Advance Parole: These documents generally take 6-8 months to process but processing times may vary.
Common Challenges and How to Overcome Them
Potential Delays in Processing
One of the biggest challenges of EB-5 concurrent filing is processing delays. The I-526 petition is subject to extended review times, especially if additional information or clarifications are requested by the U.S. Citizenship and Immigration Services (USCIS). Investors can reduce these delays by submitting a complete and well-documented application from the outset, ensuring that all forms are accurate and all supporting documents are in order.
Ensuring All Documentation is Accurate and Complete
Mistakes in the application process can lead to delays or even denial of the petition. It is crucial to work with experienced EB-5 immigration attorneys who can help prepare and review all documents, including proof of the lawful source of funds, business documentation, and any personal immigration history.
Navigating Changes in Immigration Policy
Immigration policies and EB-5 regulations are subject to change. Investors must stay informed about any policy shifts, especially regarding visa availability, investment thresholds, or job creation requirements. Having legal representation that stays current on these changes is vital for mitigating risks.
Frequently Asked Questions on EB-5 Concurrent Filing
Can I work while my EB-5 concurrent filing application is pending?
Yes. Once you file the I-765 for an Employment Authorization Document (EAD) along with your concurrent filing, you may be able to work legally in the U.S. while your EB-5 petition is being processed.
How long does it take to process the I-526 and I-485 applications?
- The I-526 petition typically takes 18-24 months to process, although this may vary.
- The I-485 (Adjustment of Status) application may take around 12-24 months to be processed. However, you may receive work authorization and travel permission within 6-8 months after filing, allowing you to work and travel while awaiting final approval.
Can I travel outside the U.S. while my EB-5 concurrent filing is pending?
Yes. After filing for Advance Parole (Form I-131) along with your I-485, you can travel outside the U.S. while your application is pending, without jeopardizing your status. However, it’s important to wait for Advance Parole approval before leaving the country.
What happens if my I-526 petition is denied while I’m in the U.S. on concurrent filing?
If your I-526 petition is denied, your I-485 adjustment of status application will also be denied. You may be required to leave the U.S. depending on the status of your current visa. It’s essential to work closely with an experienced immigration attorney to minimize the chances of denial.
Can my family members also file concurrently?
Yes, your spouse and unmarried children under the age of 21 are eligible to file their own I-485 Adjustment of Status applications concurrently with yours. They can also apply for work authorization (EAD) and travel permission (Advance Parole).
Are there any restrictions on what type of visa I need to be on to file concurrently?
Yes, only individuals who are present in the U.S. on valid non-immigrant visas such as H-1B, L-1, F-1, or similar visas are eligible to file concurrently. Those outside the U.S. or on certain other visa categories may not be eligible for this option.
What happens if my visa priority date is not current?
You can only file your I-485 if a visa is available according to the U.S. Department of State's visa bulletin. If your country of origin has a visa backlog and your priority date is not current, you may not be able to file concurrently, even if you are otherwise eligible.
Can I change my EB-5 project after filing my concurrent application?
Changing your EB-5 investment project after filing your concurrent application can complicate the process. It is advisable to consult with an immigration attorney before making any changes to your EB-5 project, as it could lead to delays or denial of the petition.
How does concurrent filing differ from traditional EB-5 processing?
In traditional EB-5 processing, investors file the I-526 petition first and wait for approval before applying for adjustment of status or consular processing. With concurrent filing, investors can submit the I-526 and I-485 applications simultaneously, allowing them to stay in the U.S. and enjoy benefits like work and travel authorization during processing.
Is concurrent filing available for EB-5 investors from all countries?
Concurrent filing is available to EB-5 investors from all countries as long as they meet the eligibility criteria, including being physically present in the U.S. on a valid non-immigrant visa and having a visa available based on the Department of State’s visa bulletin.
Choose EB-5 Global Ventures as Your Trusted Partner: We Turn Challenges Into Solutions
- Exclusive Focus on Immigration Law: EB-5 Global Ventures focuses solely on immigration law, which ensures that you will receive dedicated and correct guidance on the EB-5 visa process and investment-related legal matters.
- Founder’s Immigrant Experience: Micol Mion, founder of EB-5 Global Ventures, is an immigrant herself, bringing personal insight and understanding to the challenges clients face during the immigration process.
- Multilingual Communication: The team, fluent in multiple languages, allows clients to communicate comfortably in their native language, ensuring clear understanding and reducing stress.
- Awards and Recognition: EB-5 Global Ventures is a highly respected firm, holding numerous awards for client satisfaction, legal excellence, and performance, such as America’s Most Honored Lawyers and Best Immigration Lawyers in Boston.
- Access to Cutting-Edge Technology: The firm offers a web-based platform for 24/7 access to case updates, reports, and real-time status tracking, ensuring transparency and convenience for clients.
- Strong Business Background: The team’s solid business knowledge, combined with legal knowledge, supports clients in navigating the complex financial and regulatory requirements of the EB-5 program.
- Personalized and Consistent Representation: Clients work with the same team of professionals throughout their case, fostering trust and personalized service at every step of the process.
At EB-5 Global Ventures, we live by our motto: “Turning challenges into solutions.” Call us at 781-633-7489 or book a consultation online with Micol Mion today.