EB-5 Concurrent Filing for U.S. Visa Holders

Concurrent filing vs. consular processing

If you are already in the U.S. on a valid nonimmigrant status and a visa number is available (or other eligibility rules allow it), concurrent filing generally means submitting Form I-526E together with an adjustment of status package, including applications that can lead to interim work and travel authorization while the immigrant petition is pending. Investors abroad typically use consular processing instead: the petition is filed and, after approval and visa availability, the immigrant visa interview happens at a U.S. consulate or embassy. Which path applies depends on your status, location, and visa-number rules. Confirm with an immigration attorney. Process overview:EB-5 investment process. Full technical depth:J-1, F-1, H-1B concurrent filing with EB-5.

What concurrent filing can unlock (decision-stage view)

• Work authorization (EAD). Concurrent adjustment packages often include an application for an Employment Authorization Document. Timing varies and changes; do not rely on a remembered number. Check USCIS's officialprocessing times page for current data on the relevant forms.
• Travel authorization (advance parole / travel document). Concurrent packages commonly also seek advance parole so the applicant can travel abroad and return without abandoning the pending adjustment. This is a distinct benefit from the EAD. Search and plan for both by name when comparing options.
• Whether a spouse can also work. Yes. A derivative spouse included on the petition can also apply for EAD and travel authorization through the concurrent filing process, subject to the same eligibility and adjudication rules as the principal.
• L-1 holders. Concurrent filing applies to L-1 intracompany transferees the same way it does to H-1B and F-1 holders who are otherwise eligible. The petition is not limited to those two statuses. SeeEB-5 for L-1 visa holders for L-1-specific framing.

This page is the short decision-stage summary. For status-by-status technical detail, use theconcurrent filing research article. Always verify current processing times ategov.uscis.gov/processing-times.