EB-5 Concurrent Filing Guide Faster Green Card Path

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Processing Time

Standard processing takes 15–30 days from submission.

Visa Validity

Multiple entry visa valid for up to 10 years.

Success Rate

95% approval rate with our expert guidance.

Concurrent filing allows H-1B visa holders to simultaneously file Form I-526 (Immigrant Petition by Alien Investor) and Form I-485 (Application to Register Permanent Residence or Adjust Status) if they are physically present in the United States. This process helps expedite their path to obtaining an EB-5 green card .

Steps for Concurrent Filing

Prepare the EB-5 Investment

Choose an Investment:Select a qualifying EB-5 investment project, either through a direct investment or a regional center.
Fund Transfer:Transfer the required investment amount ($1.05 million or $800,000 for a TEA) into the chosen project.

File Form I-526

Documentation:Prepare and gather all necessary documentation, including the source of funds, investment proof, and project-related documents.
Submission:File Form I-526 with USCIS, providing detailed information about the investment and its potential for job creation.

Concurrent Filing of Form I-485

Eligibility:Ensure that a visa number is immediately available for the EB-5 category and that the applicant is physically present in the U.S. in lawful status.
Form I-485 Application:Along with Form I-526, concurrently file Form I-485 to adjust status to permanent resident.
Supporting Documents:Include supporting documents such as medical examination forms, biometric data, and evidence of lawful status.

Employment Authorization and Advance Parole

File Forms I-765 and I-131:Along with Form I-485, file Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document) to obtain work and travel permits while the I-485 is pending.

Attend Biometrics Appointment

Biometrics:Attend the scheduled biometrics appointment for fingerprinting and photograph as part of the background check process.

Receive EAD and Advance Parole

Approval:Upon approval of Form I-765 and Form I-131, receive the Employment Authorization Document (EAD) and Advance Parole (AP), allowing the applicant to work and travel while the I-485 is pending.

Adjustment of Status Interview

Interview:Attend the adjustment of status interview if required by USCIS. Bring all original documents and additional evidence to support the case.

Approval of Form I-485

Green Card Issuance:Upon approval of the I-485 application, receive the conditional green card, granting the applicant conditional permanent residency for two years.

Filing Form I-829

Remove Conditions:Within 90 days before the two-year anniversary of receiving the conditional green card, file Form I-829 to remove the conditions on residency. Provide evidence of job creation and continued investment.

Permanent Residency

Approval:Upon approval of Form I-829, the investor and their family members receive permanent green cards.

Benefits of Concurrent Filing

Faster Processing:Concurrent filing can expedite the overall process of obtaining permanent residency.
Work and Travel Authorization:H-1B visa holders can continue working and traveling with EAD and AP while their adjustment of status application is pending.
Continued Legal Status:H-1B holders maintain their legal status throughout the process, ensuring they can stay and work in the U.S. without interruption.

Key Considerations

Visa Availability:Ensure that an EB-5 visa number is available at the time of filing.
Documentation:Provide comprehensive and accurate documentation to avoid delays or denials.
Professional Assistance:Engage experienced immigration attorneys to navigate the concurrent filing process effectively.

By leveraging concurrent filing, H-1B visa holders can streamline their transition to EB-5 green card holders , ensuring a smoother and more efficient path to permanent residency.

Countless Benefit One Objective - Immigration For All

Concurrent Filing of Form I-485

Eligibility:Ensure that a visa number is immediately available for the EB-5 category and that the applicant is physically present in the U.S. in lawful status.

Form I-485 Application:Along with Form I-526, concurrently file Form I-485 to adjust status to permanent resident.

Supporting Documents:Include supporting documents such as medical examination forms, biometric data, and evidence of lawful status.

Benefits of Concurrent Filing

Faster Processing:Concurrent filing can expedite the overall process of obtaining permanent residency.

Work and Travel Authorization:H-1B visa holders can continue working and traveling with EAD and AP while their adjustment of status application is pending.

Continued Legal Status:H-1B holders maintain their legal status throughout the process, ensuring they can stay and work in the U.S. without interruption.