Concurrent Filing in EB-5: What It Means and Who Can Benefit in 2025

For foreign nationals looking to transition from a non-immigrant visa to permanent residency in the U.S., the EB-5 Immigrant Investor Program provides a pathway through investment in U.S. businesses. One of the most exciting developments for EB-5 applicants in 2025 is the option for concurrent filing, which allows individuals who are already in the U.S. on other visa types to streamline their green card process.

This article will explain what concurrent filing is, how it works, and who can benefit from it, particularly for those who are already in the U.S. on non-immigrant visas such as H-1B, F-1 (post-grad students), or L-1 (entrepreneurs and executives).

What is Concurrent Filing in EB-5?

Concurrent filing refers to the ability to file two key petitions at the same time:

1. Form I-526 (Immigrant Petition by Alien Investor), which establishes the investor’s eligibility for the EB-5 visa.

2. Form I-485 (Application to Register Permanent Residence or Adjust Status), which allows the applicant to adjust their status to lawful permanent resident (i.e., get a green card).

In typical cases, EB-5 investors must first wait for the approval of Form I-526 before they can file for Form I-485, meaning that they would have to remain outside of the U.S. until their visa is approved. However, with concurrent filing, individuals already in the U.S. can file both forms simultaneously, significantly reducing the waiting time for permanent residency.

Who Can Benefit from Concurrent Filing?

While concurrent filing has been available in certain cases, it is expected to become even more impactful in 2025, especially for foreign nationals who are already living and working in the U.S. under various visa categories. Below are some key groups who can benefit from concurrent filing under the EB-5 program:

1. Post-Graduation F-1 Students

Many international students in the U.S. are familiar with the limitations of their F-1 visa status. After graduation, students may face difficulty finding long-term employment, especially with the uncertainty of the H-1B lottery system.

For F-1 students who have transitioned into Optional Practical Training (OPT) or are on STEM OPT extensions, concurrent filing offers a pathway to permanent residency that is not tied to an employer or lottery system. The ability to file both the I-526 and I-485 forms at the same time provides peace of mind, as it eliminates the dependency on the H-1B visa process or maintaining student status.

How F-1 Students Benefit:

● Faster Transition to Green Card: If you're an F-1 student with a stable financial situation and an interest in the EB-5 program, concurrent filing allows you to apply for permanent residency without waiting for an employer-sponsored green card.

● No Dependence on H-1B or OPT Extensions: You no longer have to worry about finding an H-1B sponsor or the uncertainties of OPT and STEM OPT extensions.

2. H-1B Visa Holders

The H-1B visa is a common work visa for professionals in the U.S., particularly in fields like tech, engineering, and healthcare. However, the H-1B process has its challenges—most notably, the lottery system and the long wait times for green card approval due to the EB-2/EB-3 green card backlog for Indian nationals.

For those already on an H-1B visa, concurrent filing offers a way to bypass the long waiting times for a green card. By filing Form I-526 and I-485 simultaneously, H-1B holders can accelerate their green card process, gaining lawful permanent residency much faster than if they had to wait for the approval of their I-526 petition first.

How H-1B Visa Holders Benefit:

● Faster Processing: Concurrent filing shortens the green card timeline, allowing H-1B holders to become permanent residents sooner, even if they are stuck in a long backlog for EB-2/EB-3 categories.

● Bypass the H-1B Lottery: Once the EB-5 petition is approved, there is no need for the uncertainty of H-1B lottery renewals or extensions. Concurrent filing can give professionals more stability and a more predictable pathway to a green card.

3. L-1 Visa Holders (Entrepreneurs & Executives)

The L-1 visa is a popular choice for executives, managers, and employees working for multinational companies. However, similar to the H-1B visa, the process of obtaining a green

card through the L-1 route can be long and complicated due to the backlog in employment-based green card categories.

For L-1 visa holders, particularly those running businesses or managing teams in the U.S., concurrent filing offers a way to gain permanent residency without relying on the traditional employer-sponsored green card process. This is particularly beneficial for entrepreneurs who want to secure permanent status in the U.S. without waiting for lengthy approval times for EB-1 or EB-2 green card categories.

How L-1 Visa Holders Benefit:

● No Need for Employer Sponsorship: Since the EB-5 program is based on investment rather than employment, L-1 visa holders do not have to rely on their employer to sponsor their green card.

● Greater Control Over Residency: Concurrent filing allows entrepreneurs to move forward with their immigration goals independently of their employer’s timeline or immigration status.

Benefits of Concurrent Filing in 2025

1. Faster Path to Green Card: One of the most significant advantages of concurrent filing is the ability to receive a green card much faster than the traditional process, which can take several years. Applicants no longer need to wait for their I-526 petition approval before filing for adjustment of status.

2. Continuous Status in the U.S.: By filing both forms at once, applicants can maintain their legal status in the U.S. without worrying about overstaying their visa or having to leave the country while waiting for their green card approval.

3. Reduced Wait Times: Concurrent filing streamlines the immigration process by combining the two steps. For many foreign nationals already in the U.S., this will significantly shorten the overall wait time for obtaining permanent residency.

4. Flexibility and Freedom: For many applicants, especially those on H-1B, F-1, or L-1 visas, the ability to self-petition for a green card through EB-5 provides more flexibility. They are no longer tied to their employers or dependent on specific visa renewal deadlines.

Conclusion

For foreign nationals already in the U.S., especially post-graduation students, entrepreneurs, and H-1B visa holders, concurrent filing for the EB-5 visa offers an excellent opportunity to fast-track their journey to permanent residency. By filing both the I-526 and I-485 petitions simultaneously, applicants can bypass many of the challenges posed by traditional visa and green card processes, such as long wait times and employer dependency.

As the EB-5 program continues to evolve in 2025, more and more professionals in the U.S. will be able to take advantage of this expedited process, allowing them to focus on their careers and businesses without the looming uncertainty of visa renewals or green card backlogs.

To explore EB-5 investment opportunities with Makaan Regional Center, please complete the EB-5 Contact Form, and we will get in touch with you shortly.