EB-5 Investors Can Now File Forms I-526 and I-485 Simultaneously

What is simultaneous deposit?

According to The Reform and Integrity Act EB-5:

“If approval of a request…would make a visa immediately available to the foreign beneficiary, the foreign beneficiary’s request for adjustment of status under this article shall be considered duly filed, whether the request is submitted at the same time that, or after, the visa application.”

Put simply, concurrent filing allows immigrant investors to file Form I-526 and Form I-485 at the same time, provided a visa is available to the investor. Form I-485 is filed when an investor requests to have their status adjusted from one visa category to another. Previously, investors could only file their I-485 after their I-526 petition was approved. With the passage of Reform and Integrity Act EB-5foreign nationals in the United States on nonresident visas can now file their I-526 and I-485 simultaneously.

According to the USCIS (https://egov.uscis.gov/processing-times/) the current approval wait time for an I-526 petition is 47 to 71 months, making concurrent filing a huge win for the EB-5 industry.

Benefits of Concurrent Filing

Concurrent filing is a huge improvement to the EB-5 system and will greatly benefit immigrant investors. First, concurrent filing will allow immigrant investors to remain in the United States with a pending I-485 adjustment of status petition while their I-526 petitions are adjudicated. This will allow investors to work and study freely anywhere in the United States, lifting restrictions on temporary visas. Additionally, concurrent filing makes the EB-5 process much easier for investors. Rather than dragging out the application process while waiting for an approved I-526 before filing an I-485, they can submit everything at once. Finally, the new concurrent filing rules may ease the workload for USCIS adjudicators, as they will receive all of a potential immigrant investor’s documents at once instead of waiting to receive an I-485 afterwards. have approved the investor’s I-526. Hopefully, this workload consolidation will allow USCIS to process petitions faster and avoid future EB-5 backlogs.


With the EB-5 Reform and Integrity Act ushering in a new era for the EB-5 program, there’s no better time than now to start preparing for your EB-5 candidacy. Complete our quick assessment form below and find out if an EB-5 visa is the right choice for you.

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