Concurrent filing provides many of the essential rights and benefits of permanent residence while EB-5 investors are going through the EB-5 application process with U.S. Citizenship and Immigration Services (USCIS).
As Gary Merson, ALC Executive VP, explains, “concurrent filing is a great option for individuals, particularly foreign students, and families who are already residing in the United States. It provides them with added economic and social stability as they begin establishing their lives in America.”
This benefit is a key element of the EB-5 Reform and Integrity Act of 2022 (RIA), which added a host of new compliance requirements, reserved visas, priority processing for rural projects, and other reforms for the investment and job-creating EB-5 program.
Concurrent filing allows immigrant investors who are contributing to the U.S. economy by creating jobs to lay the foundation for their EB-5 journey while also building their life in the US.
The Basics
As USCIS explains, “you can file Form I-485 and either Form I-526 or Form I-526E concurrently if approval of your petition would make a visa immediately available to you.” This means that investors with current visa availability, including both Chinese and Indian investors considering investment into rural or high-unemployment area (HUA) EB-5 projects, can take advantage of concurrent filing.
Key Benefits
The most immediate benefit is the ability to remain in the country while your application remains pending, opening up the possibility of checking in on the progress of your EB-5 project or even visiting your selected EB-5 Regional Center in person.
Just as important, you are eligible to apply for temporary work authorization that is not tied to any specific employer or position. And with concurrent filing, immigrant investors and their families get advance parole, which allows you to travel abroad and return to the United States.
What Has Changed?
While the fundamentals remain the same, a recent policy change does impact the management of one of the key concurrent filing benefits – temporary work authorization.
The current administration recently revised the validity period for Employment Authorization Documents (EADs). As of December 5, 2025, the maximum validity period for EADs was reduced to 18 months.
This means EB-5 investors must stay on top of EAD deadlines and file a renewal application well in advance of the current document’s expiration date. Specifically, it is recommended that investors file the renewal six months before expiration to avoid lapses in employment authorization.
What About the Impact of Visa Retrogression?
Potential and current EB-5 investors from India and China are closely monitoring the Visa Bulletin for backlogs in the rural and high unemployment area visa set-aside categories.
These categories remain “current” but are subject to visa availability, which is impacted by overall per-country visa usage.
As we’re likely to see a change in visa availability in 2026 or 2027, due to significant demand for EB-5 visas, it is important for investors to understand how these changes may affect concurrent filing.
The simple answer is: if you are in the United States and a visa is available at the time of filing, you can take advantage of concurrent filing. Once the permanent residence application (Form I-485) is pending, you can remain in the country with work authorization.
However, if retrogression occurs before you file, this option will be foreclosed until a visa becomes available.
The Bottom Line
Concurrent filing provides much-needed stability for EB-5 investor families who are contributing to the U.S. economy and creating jobs for American workers.
While continued attention is required to maintain uninterrupted work authorization, investors may remain in the country and continue working through concurrent filing.
For investors from China and India considering rural and HUA projects, mitigating the risk of potential retrogression requires acting with urgency.
