Concurrent filing of I-526 and I-485 is available for EB-5 applicants living in the U.S.
Dear Friends,
Today, we’re going to discuss the concurrent filing of Forms I-526 and I-485. The EB-5 Reform and Integrity Act of 2022 (RIA) allows EB-5 investors to submit Form I-526 and Form I-485 together, even before the former is approved or denied.
In a significant development for the EB-5 Immigrant Investor Program, applicants residing within the United States can now benefit from the concurrent filing of Forms I-526 (Immigrant Petition by Alien Investor) and I-485 (Application to Register Permanent Residence or Adjust Status). This procedural update marks a pivotal change, streamlining the process for obtaining a Green Card through investment.
Understanding Concurrent Filing
Concurrent filing allows an EB-5 applicant to submit both the I-526 petition and the I-485 adjustment of status application simultaneously. This was not always possible in the EB-5 program. Previously, applicants had to wait for the approval of their I-526 petition before they could file their I-485. This change is particularly advantageous for applicants already in the U.S. on a nonimmigrant visa, as it accelerates the path to permanent residency.
Benefits of Concurrent Filing
The primary advantage of concurrent filing lies in its potential to expedite the overall process. Applicants can adjust their status to that of a conditional permanent resident without having to wait for the lengthy I-526 adjudication process to conclude. Moreover, concurrent filing also allows applicants to apply for employment authorization and advance parole, which grants them permission to work and travel while their Green Card application is pending.
Eligibility and Requirements
To be eligible for concurrent filing, EB-5 applicants must be physically present in the United States and must have a current priority date. It’s important to note that this option is only available to applicants whose EB-5 projects are compliant with the current regulations and have reached a stage where filing the I-526 petition is viable.
Impact on EB-5 Applicants
This development is a welcome change for many EB-5 investors, particularly in an environment where processing times can be unpredictable. By allowing for concurrent filing, the United States Citizenship and Immigration Services (USCIS) acknowledges the need for a more efficient process, benefiting investors and their families looking to build their future in the U.S.
Requirements for concurrent filing to obtain an EB-5 visa
EB-5 investors commonly utilize concurrent filing as a means to transition from nonimmigrant status to conditional permanent resident status, while simultaneously applying for a renewable work/travel permit. Additionally, holders of other valid nonimmigrant visas, such as F-1 or H-1B, often choose this method as a pathway to apply for the EB-5 program, thereby seeking an enhancement in their immigration status.
Concurrent filing for EB-5 investors involves applying for travel authorization or advance parole (Form I-131) and employment authorization (Form I-765), enabling them to work and travel during the I-526 adjudication process.
For a successful concurrent filing, certain criteria must be met. EB-5 visa applicants must file their I-485 adjustment of status application together with Form I-526 when their priority date is current, as indicated by the Final Action Dates chart or, if specified by USCIS, using the Dates for Filing chart in the visa bulletin.
Applicants in the U.S. on a nonimmigrant status can concurrently file the I-485 application for adjustment of status, along with applications for work and travel permits, when their priority date becomes current. However, it’s important to note that international travel is restricted until the travel permit (advance parole) is received, except for those in L or H nonimmigrant status who possess the respective visa. Departing the U.S. without advance parole could result in the denial of the I-485 application.
Additionally, the availability of visas for the chosen EB-5 project category is crucial. Chinese and Indian investors, often facing delays due to uncurrent filing dates, tend to select projects from set-aside categories within the targeted employment area (TEA), which generally offer faster processing times.
This overview covers the key aspects and conditions of concurrent filing for EB-5 applicants. For detailed guidance or specific situations, consulting an immigration attorney or a specialist is advisable.
Conclusion
The introduction of concurrent filing for I-526 and I-485 applications is a significant milestone in the EB-5 visa program. It opens up a faster route for investors seeking U.S. residency and reflects the program’s evolving nature to better serve its participants. As always, potential EB-5 investors are encouraged to consult with experienced immigration attorneys to navigate the complexities of the program and ensure compliance with all legal requirements.