EB-5 concurrent filing lets an investor who is already in the United States file for a green card at the same time as the EB-5 petition. This page explains who may qualify and what happens with work, travel, and status during the process. Shihab Burke LLC Immigration Lawyers represents EB-5 investors worldwide from our offices in Columbus and Dublin, Ohio.
For an overview of the EB-5 program, see our page for EB-5 investor visa lawyers.
What Is EB-5 Concurrent Filing?
EB-5 concurrent filing means filing the green card application at the same time as the EB-5 petition, or while the petition is pending. The green card application is Form I-485, also called an application for adjustment of status. Adjustment of status means getting a green card without leaving the United States.
Concurrent filing is possible only when a visa is available for the investor’s category and country. Each month, USCIS says which Visa Bulletin chart applicants may use. The Visa Bulletin is a monthly government chart that shows when visas are available.
The EB-5 petition and the green card application are separate decisions. Concurrent filing does not guarantee approval of either one.
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Who May Qualify for EB-5 Concurrent Filing?
Investors who were lawfully admitted to the United States and are eligible to adjust status may qualify. Students, temporary workers, and others in lawful status often qualify.
Some investors may still qualify even with up to 180 days in total of status or work violations since their most recent lawful admission. Other requirements still apply. Other immigration problems, past visa refusals, or criminal history can affect eligibility. Each family member also needs a separate review.
Can You Work While an EB-5 Green Card Application Is Pending?
Yes, if you have a valid basis to work. A pending EB-5 petition does not by itself give permission to work.
An investor who files a green card application may ask for a work permit (Form I-765). Work based on the new permit can start only after the permit is approved. An investor already working in a valid status, such as H-1B or L-1, can generally continue working in that status while following its rules.
Can You Travel While an EB-5 Green Card Application Is Pending?
Usually only with an approved travel permit, called advance parole (Form I-131). Leaving the United States without advance parole can cause USCIS to treat the green card application as abandoned.
Certain H-1B and L-1 workers, and their H-4 or L-2 family members, may travel and return on a valid visa under a limited exception with specific conditions. Advance parole does not guarantee re-entry. Investors should review any trip with a lawyer before leaving the United States.
Should You Keep Your Current Visa Status?
In most cases, yes. A pending green card application lets the investor stay in the United States, but it does not keep a status such as H-1B or F-1 valid.
If the EB-5 petition is denied, the green card application will also be denied, and any work and travel permits based on it will end. A valid current status gives the investor another lawful way to stay.
Can Your Family File for Green Cards with You?
Yes. A spouse and unmarried children under 21 who are in the United States may file their own green card applications with the investor’s case. Special age rules may protect a child who turns 21 during the process, so planning early is important when a child is close to age 21.
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What If an EB-5 Visa Is Not Available Yet?
If your category and country have a waiting list, you may file the EB-5 petition now and file the green card application later. You can file when your priority date is current. The priority date is usually the date your EB-5 petition was filed.
Until then, you must keep a lawful status. If visa dates move backward after you file, final approval may be delayed, but a properly filed application generally remains pending. See our October 2026 Visa Bulletin update for current dates.
How Do You Prepare for EB-5 Concurrent Filing?
Preparing for EB-5 concurrent filing usually involves five steps:
- Review the immigration history of each family member.
- Confirm the visa category and the Visa Bulletin chart USCIS allows that month.
- Prepare the EB-5 petition and the source-of-funds evidence.
- Prepare the green card, work permit, and travel permit applications.
- Review employment, travel, and status rules for the time the case is pending.
EB-5 Concurrent Filing: Frequently Asked Questions
Can I file an EB-5 green card application if my country has a waiting list?
Only when your priority date is current under the chart USCIS allows that month. Until then, you can file the EB-5 petition and wait.
Does EB-5 concurrent filing guarantee a work permit?
No. An EB-5 work permit requires its own application and approval.
Can my children continue school during EB-5 concurrent filing?
Yes. Children can generally continue school while their EB-5 green card applications are pending.
What happens if visa dates move backward after I file my EB-5 green card application?
Final approval may be delayed until a visa is available again. A properly filed EB-5 green card application generally remains pending.
What happens if my EB-5 petition is denied after concurrent filing?
The green card application based on the EB-5 petition will also be denied, and work and travel permits based on it will end. Speak with a lawyer quickly about your options and your status.
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Talk with an EB-5 Lawyer
EB-5 concurrent filing requires a careful review of each family member’s immigration history. Contact our Columbus or Dublin, Ohio office, or call 866-665-0001, to schedule a consultation in person, by phone, or by video conference.
