Table of Contents
Quick Summary
Under the EB-5 Reform and Integrity Act (RIA) of 2022, eligible EB-5 investors and their dependents can now live and work in the United States immediately through Adjustment of Status (AOS) concurrent filing. This allows Forms I-526E and I-485 to be filed together, enabling access to open work permits (EAD) and travel authorization (Advance Parole) while the EB-5 green card petition is pending. The reform is especially beneficial for F-1 students and H-1B professionals already in the U.S.
The EB-5 Immigrant Investor Visa Program Explained
The EB-5 Immigrant Investor Visa Program is a U.S. investment-based immigration pathway that allows foreign nationals to obtain lawful permanent residence (a U.S. green card) by making a qualifying investment in the United States.
To qualify for the EB-5 program, an investor must:
- Invest USD $800,000 in a Targeted Employment Area (TEA)
- Or invest USD $1,050,000 in a non-TEA project
- Create or preserve at least 10 full-time jobs for qualified U.S. workers within two years
Successful EB-5 applicants, along with their spouse and unmarried children under 21, receive U.S. permanent residency and may later apply for U.S. citizenship, subject to eligibility.
How the EB-5 Reform and Integrity Act of 2022 Changed the Process
Before March 2022, EB-5 investors had to wait for Form I-526 approval before filing Form I-485 (Adjustment of Status). This delay prevented applicants already in the U.S. from working legally or traveling freely during processing.
With the enactment of the EB-5 Reform and Integrity Act (RIA) of 2022, USCIS now allows concurrent filing, meaning eligible applicants can submit:
- Form I-526E (EB-5 petition) and
- Form I-485 (Adjustment of Status)
at the same time.
This change enables EB-5 investors and their dependents to begin enjoying many green card benefits while their petition is still under review.
What Is Adjustment of Status (AOS) Concurrent Filing for EB-5?
Concurrent filing allows an EB-5 investor to submit Form I-526E and Form I-485 together, rather than waiting for I-526E approval.
What This Means for Investors?
Once concurrent filing is submitted and accepted by USCIS, the investor and eligible family members may apply for:
- Employment Authorization Document (EAD) – an open work permit
- Advance Parole – permission to travel internationally
This allows them to live, work, and travel legally in the U.S. while the EB-5 petition is pending.
Key Benefits of EB-5 Concurrent Filing
- Live in the U.S. legally during EB-5 processing
- Work without employer sponsorship
- Travel internationally with Advance Parole
- No need to maintain F-1 or H-1B status
- Reduced uncertainty during long USCIS processing timelines
- Immediate stability for families and dependents
Important: Concurrent filing does not speed up green card approval, but it provides early access to residency benefits.
EB-5 Concurrent Filing Process (Step-by-Step)
- Select a USCIS-compliant EB-5 project
- File Form I-526E
- File Form I-485 concurrently (if visa bulletin is current)
- Submit applications for EAD and Advance Parole
- Live and work legally in the U.S. while USCIS processes the case
How F-1 Students and OPT Holders Benefit from EB-5 Concurrent Filing
EB-5 concurrent filing has made the program especially attractive for international students in the U.S. on F-1 or OPT status.
Eligible students can:
- File for EB-5 without leaving the U.S.
- Transition from F-1/OPT to “pending green card” status
- Obtain an open work permit within months
- Work for any employer without OPT restrictions
This provides near–green card-level employment flexibility while the EB-5 application is under review.
Eligibility Note: The applicant’s country of birth must be “current” in the U.S. Visa Bulletin.
How H-1B Visa Holders Can Use EB-5 Concurrent Filing
H-1B professionals can also take advantage of EB-5 concurrent filing without departing the U.S.
This has been particularly valuable for professionals impacted by:
- Layoffs in the tech sector
- Employer sponsorship uncertainty
- H-1B transfer delays
With an EAD, H-1B holders are no longer tied to a single employer and can continue working legally while their EB-5 case is pending.
Why EB-5 Concurrent Filing Is a Big Deal in 2024?
In 2024, EB-5 concurrent filing remains one of the most strategic U.S. immigration pathways for high-net-worth individuals and professionals already in the United States.
It offers:
- Immediate lawful presence
- Employment freedom
- Family security
- Long-term residency planning
For many applicants, it removes the stress and disruption traditionally associated with long EB-5 processing times.
Conclusion
EB-5 concurrent filing under the Reform and Integrity Act of 2022 allows eligible investors to secure lawful status, work authorization, and travel flexibility while their EB-5 petition is pending. However, eligibility depends on visa availability, investment structure, and compliance with USCIS requirements.
Working with experienced professionals and qualified immigration attorneys is essential to navigate the EB-5 process successfully.
Disclaimer
This content is for informational purposes only and does not constitute legal advice. EB-5 immigration rules are subject to change and interpretation by USCIS. Applicants should consult a qualified U.S. immigration attorney before proceeding.
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Frequently Asked Questions (FAQs)
The EB-5 visa program allows foreign investors to obtain a U.S. green card by investing in a qualifying U.S. business that creates at least 10 full-time jobs for American workers.
Yes. Eligible EB-5 investors can live and work in the U.S. after filing Forms I-526E and I-485 concurrently and receiving employment authorization.
It allows EB-5 applicants to file their green card application while their EB-5 petition is still pending, enabling early access to work and travel benefits.
The minimum investment is USD $800,000 in a TEA or USD $1,050,000 in a non-TEA project.
Processing times vary based on project type, country of birth, and USCIS workload. Concurrent filing does not reduce processing time.
Yes. Spouses and unmarried children under 21 can be included in the EB-5 application.
Yes, if they are eligible for Adjustment of Status and visa numbers are current.
Yes. After maintaining permanent residency and meeting naturalization requirements, EB-5 investors may apply for U.S. citizenship.
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