EB-5 Concurrent Filing Explained: Can You File I-485 While Your I-526E Is Pending?

For foreign nationals already living in the United States, one of the most significant changes made by the EB-5 Reform and Integrity Act of 2022 was the introduction of concurrent filing for eligible EB-5 investors.

Before this change, an EB-5 investor generally had to wait for approval of the immigrant petition before filing an application to adjust status in the United States.

Today, certain investors may be able to file Form I-485, Application to Register Permanent Residence or Adjust Status, while Form I-526E is still pending.

That can be particularly important for people currently in the United States on H-1B, F-1, L-1, or other qualifying nonimmigrant statuses.

But concurrent filing is not available to everyone.

The Short Answer

Yes. An eligible EB-5 investor who is physically present in the United States may be able to file Form I-485 concurrently with Form I-526E—or while an I-526E is already pending—if an immigrant visa is immediately available and the investor otherwise qualifies to adjust status.

The EB-5 Reform and Integrity Act expressly expanded concurrent-filing availability to EB-5 investors. USCIS incorporated that change into its policy guidance in 2022.

A pending I-485 may also allow an eligible applicant to apply for:

• Employment Authorization, commonly called an EAD or work permit; and
• Advance Parole, which may allow international travel while the adjustment application is pending.

Those benefits can make concurrent filing particularly attractive to foreign nationals already living and working in the United States.

However, filing Form I-485 does not automatically grant a Green Card, work authorization, or unrestricted permission to travel.

Each benefit has its own requirements.

What Is EB-5 Concurrent Filing?

Concurrent filing means that an eligible investor does not necessarily have to wait for USCIS to approve Form I-526E before filing Form I-485.

Form I-526E is the immigrant petition used by an investor participating in the Regional Center Program.

Form I-485 is the application used by an eligible person already in the United States to request adjustment of status to lawful permanent residence.

In a concurrent filing, the investor may potentially:

File Form I-526E and Form I-485 at approximately the same time, or

File Form I-485 while a previously filed Form I-526E remains pending.

The important requirement is that an immigrant visa must be available at the time the I-485 is filed and the investor must independently satisfy the legal requirements for adjustment of status.

USCIS guidance confirms that employment-based adjustment applicants may file based on a pending immigrant petition when concurrent filing is permitted, but visa availability and adjustment eligibility still control whether the application can be accepted and approved.

Who May Be Eligible for EB-5 Concurrent Filing?

There is no universal answer based solely on visa type.

An investor generally must satisfy several requirements, including:

• Being physically present in the United States;
• Having an immigrant visa available in the applicable EB-5 category;
• Being eligible to file Form I-485;
• Being admissible to the United States or qualifying for applicable relief;
• Satisfying applicable status and adjustment-of-status requirements; and
• Having filed, or filing, the qualifying EB-5 immigrant petition.

Simply being in H-1B, F-1, L-1, or another status does not automatically make someone eligible.

Likewise, investing in an EB-5 project does not by itself create eligibility to adjust status.

An investor’s immigration attorney should evaluate the individual’s complete immigration history before an I-485 is filed.

Why Does Visa Availability Matter?

EB-5 is a numerically limited employment-based immigrant category.

That means an investor cannot file Form I-485 whenever they choose. An immigrant visa must be considered available under the applicable Visa Bulletin and USCIS filing rules.

The Department of State publishes a monthly Visa Bulletin showing immigrant-visa availability by category and country of chargeability.

For adjustment-of-status applicants, USCIS separately announces which Visa Bulletin chart should be used to determine whether an I-485 may be filed in a particular month. USCIS advises applicants to check its adjustment-of-status filing chart before filing.

EB-5 Set-Aside Categories

The Reform and Integrity Act reserves portions of annual EB-5 visas for:

• Rural investments;
• High-Unemployment Area investments; and
• Qualifying infrastructure investments.

As of the November 2026 Visa Bulletin, all three EB-5 set-aside categories are listed as Current for all chargeability areas, including India and mainland China.

That is important because many investors born in India or China face significant backlogs in other employment-based immigration categories.

Visa availability can change, however.

An investor should always confirm both the current Department of State Visa Bulletin and the USCIS adjustment-of-status filing chart before relying on concurrent filing.

Why Is Concurrent Filing Important for H-1B Professionals?

For many H-1B professionals, the traditional employment-based Green Card process can involve years of dependence on an employer.

EB-5 is different.

The immigrant petition is based on the investor’s qualifying investment rather than on a job offer or employer sponsorship.

For an eligible H-1B professional, concurrent filing can therefore potentially create an additional immigration pathway while the person remains in the United States.

There is also an important advantage to H-1B status:

H-1B permits dual intent.

Department of State guidance expressly recognizes that an H-1B holder may seek permanent residence without that immigrant intent, by itself, preventing the person from obtaining or maintaining H-1B status.

That can give H-1B investors more flexibility than many other nonimmigrant categories.

Related: H-1B to EB-5: Turn Your Career Into a Green Card

Should an H-1B Investor Keep H-1B Status After Filing I-485?

Often, maintaining H-1B status may provide valuable flexibility, although the appropriate strategy depends on the individual.

Filing an I-485 does not require an H-1B worker to abandon H-1B status.

An H-1B investor may potentially continue working for the H-1B employer under the approved petition while the EB-5 adjustment application remains pending.

Why might that matter?

Because maintaining valid H-1B status can provide an independent immigration basis if something unexpected happens to the adjustment application.

It may also provide additional flexibility for international travel.

USCIS guidance recognizes that qualifying H-1B and L-1 adjustment applicants who maintain their nonimmigrant status may travel and return in that status without necessarily abandoning the pending I-485, subject to the applicable requirements.

Whether to maintain H-1B status after concurrent filing is a strategic immigration decision that should be made with counsel.

What Is an EAD?

An Employment Authorization Document, or EAD, is a work permit issued by USCIS.

An individual with a pending Form I-485 may generally apply for an EAD using Form I-765 under the adjustment-of-status eligibility category.

This can be significant for an EB-5 investor who is currently tied to a particular employer through a temporary work visa.

Once an adjustment-based EAD has been approved, it may provide employment authorization that is not dependent on the investor’s original H-1B employer.

However:

Filing Form I-485 does not itself authorize employment.

An investor must continue to have valid employment authorization—such as H-1B authorization, OPT, or an approved adjustment-based EAD—before working.

An investor who begins unauthorized employment simply because an I-485 is pending can create serious immigration problems.

Does an EB-5 EAD Let You Change Jobs?

An approved adjustment-based EAD generally provides broader employment authorization than an employer-specific H-1B approval.

That may provide significant flexibility for some investors.

For example, an H-1B professional who receives an adjustment-based EAD may have the ability to work without relying exclusively on the H-1B employer for employment authorization.

But there is an important strategic consideration.

If someone uses the EAD in a manner that is inconsistent with continuing H-1B status—for example, by leaving the H-1B employer and working solely under the EAD—the person may no longer be maintaining H-1B nonimmigrant status.

That can eliminate an important fallback if the I-485 is later denied.

For this reason, the question should not simply be:

“Can I use my EAD?”

It should be:

“Should I use my EAD, given my overall immigration strategy?”

That decision belongs with experienced immigration counsel.

What Is Advance Parole?

Advance Parole is a travel document that certain adjustment-of-status applicants may request using Form I-131.

For many applicants with a pending I-485, leaving the United States without approved Advance Parole can result in USCIS treating the adjustment application as abandoned.

USCIS provides exceptions for certain people maintaining H, L, K, or V status who travel and return in qualifying status.

For other adjustment applicants, travel should generally not occur until the appropriate Advance Parole document has been approved and the investor has received individualized advice regarding reentry.

An Advance Parole document does not guarantee admission to the United States. Admission and parole determinations remain subject to inspection at the border.

Can an H-1B Holder Travel Without Advance Parole?

Potentially, yes.

An H-1B holder who is maintaining qualifying H-1B status may generally travel and seek reentry in H-1B status without automatically abandoning a pending Form I-485.

USCIS guidance specifically recognizes this exception for qualifying H and L nonimmigrants.

The person must still satisfy the requirements for H-1B admission, including appropriate documentation and valid visa requirements where applicable.

This is another reason some EB-5 investors choose to maintain H-1B status even after filing for adjustment.

Can an F-1 Student Concurrently File for EB-5?

Potentially, yes—but F-1 cases require particular care.

An F-1 student who is physically present in the United States may potentially be eligible to file Form I-485 based on EB-5 if a visa is available and the student satisfies the other adjustment-of-status requirements.

However, F-1 differs significantly from H-1B.

F-1 is not generally considered a dual-intent category.

Department of State guidance requires an F-1 applicant to maintain a foreign residence they do not presently intend to abandon and to intend to depart after completing the authorized activity.

Filing an immigrant petition or adjustment application therefore may have implications for:

• Applying for a new F-1 visa;
• International travel;
• Reentry to the United States;
• Future nonimmigrant-status applications; and
• Overall immigration strategy.

Filing an EB-5 petition or I-485 does not automatically erase a student’s existing status, but an F-1 investor should not assume that the strategy works exactly like it does for someone in H-1B status.

Students considering EB-5 should obtain individualized immigration advice before filing or traveling internationally.

What About F-1 Students on OPT?

The same caution applies.

A student working under Optional Practical Training may potentially pursue EB-5 and concurrent adjustment if otherwise eligible.

However, OPT employment authorization remains governed by F-1 rules until another basis for employment authorization becomes effective.

Filing Form I-485 does not automatically replace OPT or create immediate work authorization.

A student who also applies for an adjustment-based EAD should discuss with immigration counsel:

• Whether to continue relying on OPT;
• When or whether to use the adjustment EAD;
• How international travel should be handled;
• Whether STEM OPT eligibility remains relevant; and
• How the pending immigrant case affects future F-1 strategies.

Can L-1 Holders Use EB-5 Concurrent Filing?

Potentially.

Like H-1B, L-1 is generally treated as a dual-intent classification.

That means pursuing permanent residence does not, by itself, conflict with maintaining L-1 status.

An eligible L-1 holder may therefore have some of the same strategic choices as an H-1B investor, including potentially maintaining L-1 status while an EB-5 adjustment application remains pending.

Travel, employment, status maintenance, and the use of an EAD should still be evaluated individually.

Does Filing I-485 Give You Legal Status in the United States?

This question requires careful terminology.

A pending Form I-485 can place an applicant in a period of authorized stay while USCIS adjudicates the application, but filing I-485 does not itself grant a new nonimmigrant status.

That distinction can matter.

For example, an H-1B holder who continues satisfying the H-1B requirements may maintain H-1B nonimmigrant status while the I-485 is pending.

Someone who stops maintaining the underlying status and relies solely on the pending adjustment application may have fewer options if the I-485 is ultimately denied.

Investors should therefore not assume that filing an I-485 makes maintenance of an existing status irrelevant.

What Happens if the I-526E Is Denied?

The I-526E is the immigrant petition supporting the EB-5 adjustment application.

If USCIS ultimately denies the underlying I-526E and no other valid basis supports the I-485, the adjustment application generally cannot be approved.

This is one reason maintaining an independent nonimmigrant status—particularly H-1B or L-1 where feasible—may provide valuable protection for some investors.

Concurrent filing can offer important benefits, but it does not remove the underlying requirement that the EB-5 petition itself ultimately succeed.

Does Concurrent Filing Mean You Get a Green Card Faster?

Not necessarily.

Concurrent filing does not mean USCIS skips the I-526E adjudication.

USCIS must still evaluate the EB-5 petition and the applicant’s eligibility for adjustment of status.

The benefit is that an eligible investor may be able to begin the adjustment-of-status process before I-526E approval, rather than waiting for the petition to be approved before filing I-485.

That can allow different parts of the immigration process to proceed in parallel.

It may also allow the investor to seek interim benefits such as an EAD and Advance Parole while the underlying EB-5 petition remains pending.

USCIS’s FY2026 historical data shows median national processing of approximately 11.5 months for adjudicated I-526E petitions whose associated I-956F had been adjudicated, but individual cases can vary substantially and historical medians should not be treated as a prediction for a particular investor.

What Does “Current” Mean for Concurrent Filing?

When an EB-5 visa category is listed as Current, the Department of State is indicating that immigrant visa numbers are available to qualified applicants in that category without a priority-date cutoff.

But investors should not look at the Department of State Visa Bulletin alone.

For Form I-485 filing purposes, USCIS determines each month whether adjustment applicants should use the Final Action Dates chart or the Dates for Filing chart.

Therefore, the proper sequence is:

1. Identify the investor’s EB-5 category;
2. Determine the investor’s country of chargeability;
3. Review the current Visa Bulletin;
4. Review USCIS’s filing-chart announcement for that month; and
5. Confirm individual adjustment eligibility with immigration counsel.

This is particularly important if visa demand increases and an EB-5 category later develops a cutoff date.

Can a Spouse and Children File I-485 Too?

Potentially, yes.

The principal EB-5 investor’s spouse and qualifying unmarried children under 21 may generally qualify as derivative beneficiaries.

If the family members are physically present in the United States and independently eligible to adjust status, they may potentially file their own Forms I-485 based on the principal investor’s EB-5 case.

Age can be particularly important for children approaching 21, and the Child Status Protection Act may affect the calculation.

Families with children approaching the age limit should obtain individualized immigration advice rather than assuming concurrent filing automatically prevents age-out.

What Are the Biggest Mistakes to Avoid With EB-5 Concurrent Filing?

Concurrent filing can be powerful, but it should not be treated as a simple paperwork shortcut.

Some common mistakes include:

• Assuming that filing I-485 immediately authorizes employment;
• Traveling internationally without understanding Advance Parole requirements;
• Stopping H-1B or other valid status without considering the consequences;
• Assuming that every person physically present in the United States qualifies to adjust status;
• Ignoring prior unauthorized employment or status violations;
• Assuming that a “Current” Visa Bulletin automatically establishes adjustment eligibility;
• Failing to consider the immigration consequences of using an adjustment-based EAD;
• Treating F-1 status as though it carries the same dual-intent protections as H-1B; and
• Making major immigration decisions without coordinating with EB-5 immigration counsel.

The ability to file concurrently is valuable precisely because it creates more options.

Those options should be managed strategically.

Why Concurrent Filing Has Become Particularly Important for Indian Professionals

For many Indian professionals working in the United States, employer-sponsored permanent residence can involve extremely long waits because of employment-based visa backlogs.

The November 2026 Visa Bulletin illustrates the contrast.

For India, the EB-2 and EB-3 categories continue to have historical cutoff dates, while the Rural, High-Unemployment, and Infrastructure EB-5 set-aside categories are currently listed as Current.

For an eligible investor already living in the United States, that difference can make EB-5 concurrent filing particularly relevant.

It does not mean EB-5 is appropriate for every H-1B professional.

An $800,000 EB-5 investment remains a significant financial decision requiring both immigration analysis and investment due diligence.

But for individuals already evaluating EB-5, the ability to pursue adjustment of status while the I-526E remains pending can materially change how the immigration strategy works.

Frequently Asked Questions About EB-5 Concurrent Filing

Can I file I-485 at the same time as I-526E?

Potentially, yes. If an immigrant visa is available and you otherwise qualify for adjustment of status, current law permits eligible EB-5 investors to file Form I-485 concurrently with Form I-526E.

Can I file I-485 after I already filed I-526E?

Potentially, yes. An eligible investor may be able to file Form I-485 while the I-526E remains pending if a visa is available and the other adjustment requirements are satisfied.

Do I need to wait for I-526E approval before applying for a work permit?

An eligible adjustment applicant generally may file Form I-765 based on the pending I-485 without waiting for final approval of the underlying immigrant petition. Employment is not authorized under this basis until the EAD is approved.

Can an H-1B holder file EB-5 and I-485 concurrently?

Potentially, yes. H-1B is a dual-intent classification, so pursuing permanent residence does not by itself prevent maintenance of H-1B status. The investor must still satisfy the separate requirements for EB-5 and adjustment of status.

Can an F-1 student file EB-5 and I-485 concurrently?

Potentially, yes, if otherwise eligible. However, F-1 is not generally a dual-intent classification, so immigrant intent can affect future visa issuance, travel, and other status considerations. F-1 students should obtain individualized immigration advice before filing or traveling.

Can I work anywhere after filing I-485?

Not immediately. Filing I-485 does not itself provide employment authorization. An applicant must have another valid form of work authorization or wait until USCIS approves an adjustment-based EAD.

Can I travel after concurrently filing EB-5?

Travel rules depend on the applicant’s existing status and whether Advance Parole has been approved. Many adjustment applicants risk abandonment of Form I-485 if they depart without Advance Parole, while qualifying H and L nonimmigrants may fall within an exception. Investors should obtain individualized advice before traveling.

Does concurrent filing guarantee approval of my Green Card?

No. USCIS must still approve the EB-5 petition and determine that the applicant qualifies for adjustment of status. Concurrent filing changes the timing of when an eligible investor may file I-485; it does not reduce the substantive eligibility requirements.

Are EB-5 set-aside categories currently available for Indian and Chinese investors?

As of the November 2026 Visa Bulletin, the Rural, High-Unemployment, and Infrastructure EB-5 set-aside categories are listed as Current for all chargeability areas, including India and mainland China. Visa availability can change, so investors should confirm the applicable Visa Bulletin and USCIS filing chart at the time of filing.

Final Thoughts

Concurrent filing is one of the most important changes to the EB-5 program for investors who are already living in the United States.

For an eligible H-1B professional, F-1 student, L-1 executive, or other qualifying applicant, it may be possible to pursue adjustment of status while the EB-5 I-526E petition is still pending rather than waiting for that petition to be approved first.

That can potentially open the door to an adjustment-based work permit and travel document while the EB-5 case proceeds.

But concurrent filing is not automatic, and it should not be evaluated in isolation.

Visa availability, existing immigration status, prior immigration history, employment authorization, international travel, admissibility, family circumstances, and the underlying EB-5 investment all need to be considered together.

At Paragon Capital Group, we focus on the investment side of the EB-5 process and work alongside experienced immigration counsel who can advise investors on individual immigration eligibility and filing strategy.

For investors already living in the United States, the first question should therefore not simply be:

“Can I concurrently file?”

It should be:

“Am I eligible to concurrently file, and how should that decision fit into my broader immigration and investment strategy?”

This article is provided for general informational purposes only and does not constitute immigration, legal, tax, investment, or securities advice. Adjustment-of-status eligibility is highly fact-specific, and visa availability can change. Prospective investors should consult qualified EB-5 immigration counsel regarding their individual circumstances.