EB-5 Concurrent Filing Guide | Faster Green Card Path

Overview

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.