How combining Form I‑526E with Form I‑485 is transforming the path to a U.S. Green Card
In 2025, the EB‑5 Visa Program is undergoing a quiet yet decisive transformation. Over 60% of active applicants are opting for concurrent filing, a strategy that allows the simultaneous submission of Form I‑526E (EB‑5 investor petition) and Form I‑485 (adjustment of status).
What was once a marginal option has become the preferred route for sophisticated investors seeking efficiency, legal security, and freedom of movement.
Why now? Because this pathway offers immediate benefits: work authorization (EAD), travel permit (Advance Parole), and the ability to remain in the U.S. during the waiting period—avoiding complicated international departures and reentries.
It also reflects a key regulatory shift introduced by the EB‑5 Reform and Integrity Act of 2022, which was designed to meet the evolving needs of today’s global investors.
1. What is Concurrent Filing and Why Is It So Relevant Today?
Concurrent filing is a legal strategy that allows EB‑5 investors already in the United States to submit Form I‑526E—which demonstrates a qualifying investment in an approved project—at the same time as Form I‑485, the application to adjust status to lawful permanent resident.
This option became available with the EB‑5 Reform and Integrity Act (RIA), enacted in March 2022, which introduced structural reforms to the program to make it faster, more transparent, and more appealing to international investors. Before this law, applicants had to wait for the I‑526E approval before even starting the adjustment process or traveling abroad for consular processing, which could take years.
Under the new rules, if a visa is available according to the monthly State Department Visa Bulletin, applicants may start their permanent residency process immediately—without leaving the country, and with the added benefit of applying for work and travel permits while they wait.
This evolution has led to widespread adoption of the strategy: in 2025, more than 60% of EB‑5 investors are choosing concurrent filing as their main path to a green card. This figure reflects a clear trend: the EB‑5 Program is adapting to modern times and to the real needs of those who seek to invest and build a future legally in the United States.
2. Origin: EB‑5 Reform and Integrity Act (RIA) of 2022
Prior to the RIA, applicants had to wait for the I‑526E to be approved before submitting the I‑485, often extending the process by years. The new law changed the game:
- It allows the simultaneous submission of the I‑485 if a visa number is available.
- It has been recognized by experts as a “monumental” change to the EB‑5 landscape.
Record Adoption Rate in 2025
According to estimates by Wolfsdorf and other EB‑5 specialists, more than half of all EB‑5 cases filed after the RIA now use concurrent filing.
3. Legal Framework: Who Qualifies and What Are the Limits?
Basic Eligibility
- The investor must be physically present in the U.S. with a valid status (e.g., H‑1B, F‑1, L‑1, E‑2).
- A visa number must be available at the time of filing, according to the Visa Bulletin.
- The applicant must meet the requirements of Form I‑526E: qualified investment, lawful source of funds, and an approved regional center or TEA project.
Country of Chargeability
Countries like India and China still face backlogs, although recent developments have brought relief:
- The August 2025 Visa Bulletin moved priority dates 6+ months forward for India and 2 years forward for China.
- Investors from countries listed as “current” on Chart B can file I‑485 immediately.
Process Overview
- Concurrent submission of I‑526E and I‑485.
- Simultaneous application for Form I‑765 (EAD) and Form I‑131 (Advance Parole).
- EAD/AP typically granted in 3 to 6 months.
- I‑526E adjudication follows (usually within 6–12 months, depending on the project type).
4. Five Key Benefits: Why Choose Concurrent Filing?
Here are five fundamental advantages, supported by real-world examples:
Immediate Work Authorization
Within 3–6 months, the applicant and dependents receive the combo card (EAD + Advance Parole).
Example: An H‑1B engineer can switch jobs or start a business without requiring a new visa sponsor.
Travel Flexibility
Advance Parole allows international travel and reentry without jeopardizing the pending application—ideal for business travel or family emergencies.
Maintain Legal Presence
Applicants no longer need to worry about their temporary visa expiring while waiting. The I‑485 maintains legal status throughout the process.
Faster Green Card Timeline
Concurrent filing eliminates “dead time” between petition approval and green card processing. In some cases, adjustment of status may be approved even before the I‑526E.
Faster Approval for Rural/TEA Projects
Rural projects offer a lower investment threshold ($800K vs. $1.05M for non-TEA) and benefit from priority processing—with I‑526E approvals in as little as 6–10 months.
5. Risks and Issues You Can’t Ignore
Despite its advantages, concurrent filing has certain risks:
Visa Bulletin Retrogression
If visa availability changes after filing, the I‑485 may be paused until the investor’s country is once again “current.”
Denial of the I‑526E
If the investment or supporting documentation is flawed, the entire application can be invalidated. That’s why expert legal review is critical before filing.
Documentation Complexity
Applicants must submit comprehensive documentation: lawful entry, medical exams, financial records. In 2025, total USCIS filing costs (I‑526E + I‑485 + biometrics) average $13,685.
Regulatory Uncertainty
Although the 2022 RIA supports concurrent filing, future adjustments could alter eligibility criteria. Visa backlogs may also fluctuate.
6. Strategic Recommendations by Investor Profile
6.1 Investors from India and China
Due to persistent backlogs, investors from these countries can benefit from TEA/rural projects and concurrent filing as soon as Chart B advances:
- India: forward movement of over 6 months (August 2025 bulletin).
- China: 2-year advancement.
6.2 Professionals on F‑1 or H‑1B Visas
Especially beneficial for recent graduates on F‑1 visas nearing the end of OPT:
Concurrent filing lets them apply for EAD and continue working without waiting for I‑526E approval—ideal for young professionals with families.
6.3 Global Investors in Rural Projects
Key benefits include:
- Lower investment ($800K) and visa set-asides (20% reserved).
- Faster processing (<12 months) plus concurrent filing = express path to residency.
6.4 Direct Investment or Regional Center?
Both options are eligible. However, regional centers often provide more structured TEA-compliant projects, making them ideal for concurrent filing.
7. Comparison: Timelines, Costs, and Advantages
| Aspect | Traditional Filing | Concurrent Filing (2025) |
| Work/Travel Permits | N/A | EAD/AP in 3–6 months |
| I‑526E Processing Time | 12–24 months (non-TEA), 10–18 months (TEA) | 6–12 months; 6–10 months for rural projects |
| USCIS Fees | I‑526E: $12,160 + I‑485: $1,440 + biometrics $85 | Approx. $13,685 total |
| Travel & Mobility | Limited until consular or AOS approval | Legal mobility from month 3 |
| Key Risks | Must maintain valid visa or leave U.S. | Retrogression or I‑526E denial may delay outcome |
8. What to Expect: Trends for 2025 and Beyond
Continued Adoption
With over 60% of applicants already using this route—and experts calling it the “new norm”—concurrent filing is poised for even wider use.
Process Optimization
While EAD/AP are already issued quickly, final I‑485 adjudication currently ranges from 3 weeks to 2 years after I‑526E approval. USCIS is expected to streamline this further.
Innovation in Rural/TEA Projects
TEA projects (27% of total EB‑5 visa pool: 20% rural, 10% high-unemployment, 2% infrastructure) continue to be processed faster than standard investments.
Conclusion: Concurrent Filing Sets a New Standard for EB‑5 Investors
The rise of concurrent filing in 2025 is no coincidence—it’s the result of a structural evolution in the EB‑5 Program that responds to the real needs of global investors: agility, predictability, and legal permanence in the U.S. from day one.
With over 60% of applicants already choosing this strategy, we are clearly witnessing a paradigm shift. The ability to adjust status without leaving the country, obtain work and travel permits in just a few months, and accelerate the green card timeline is no longer a future promise—it’s a tangible reality for well-prepared investors.
At BAI Capital, we understand that strategic decisions go beyond numbers. They require clarity, expertise, and personalized guidance. That’s why we help our clients navigate this new landscape with confidence—offering access to TEA-approved projects with priority processing and a legal team ready to support every step of the concurrent filing process.
Ready to take the first step toward your U.S. green card?
Schedule a personalized consultation with our EB‑5 experts and learn how concurrent filing can accelerate your path to permanent residency—starting today.
