EB-5 Concurrent Filing: I-526E + I-485 Strategy

Published March 24, 2026 · Updated October 20, 2026

Concurrent filing means filing Form I-526E and Form I-485 (adjustment of status) at the same time, while you are in the United States.

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

It depends on two things. You must be in the United States in lawful status, and a visa number must be available for your category and country on the date you file. If both are true, you may be able to file together and apply for a work permit and travel permit while you wait. These are interim benefits, not promised timelines. Travel while pending generally requires advance parole. Your immigration attorney should confirm eligibility before you file.

As of October 2026, the USCIS filing fee for Form I-526E is $3,675. It rises to $7,850 for filings postmarked on or after November 30, 2026. Source: USCIS fee rule, 91 FR 61940; see uscis.gov/fees.

Regional center investors also pay a separate EB-5 Integrity Fund fee with Form I-526E: $1,000 today, $1,100 if postmarked on or after November 30, 2026. Source: 91 FR 61940; 8 CFR 106.2(d)(1); see uscis.gov/fees.

Parent guide: EB-5 Processing Times in 2026: Stage-by-Stage Timeline

What “Concurrent Filing” Means (I-526E + I-485 Together)

Under the EB-5 Reform and Integrity Act of 2022 (RIA), many EB-5 investors who are physically in the U.S. can file:

in the same package or at roughly the same time—as long as a visa number is available for the investor’s category and country of chargeability.

By filing I-485, you can also file for:

Who Qualifies for EB-5 Concurrent Filing?

Concurrent filing is powerful, but it’s not available to everyone. Two eligibility requirements drive most outcomes:

1) You must be in the U.S. in valid status (and eligible to adjust)

You generally need to be physically present in the United States and maintaining a lawful nonimmigrant status at the time you file the I-485. Adjustment eligibility is fact-specific — confirm with counsel.

2) Your immigrant visa number must be “current”

A visa number must be available for your EB-5 category when you file I-485. Many investors evaluate RIA set-aside categories (rural, HUA, infrastructure) because reserved and unreserved are different queues. See Rural TEA and Two clocks.

EAD and advance parole are interim benefits, not a promised timeline

With concurrent filing, you may apply for an EAD and advance parole through the I-485 process.

USCIS processing for those interim benefits varies. There is no promised month-count. Do not treat marketing ranges as a guarantee. EAD is not a green card; advance parole is not a guarantee you should travel without counsel’s sign-off.

Once an EAD is issued, many investors use it for work flexibility while keeping underlying nonimmigrant status as a safety net when counsel advises that approach.

Risks and Trade-Offs You Should Understand

If the I-526E is denied, the I-485 is usually denied too

The I-485 depends on an approvable immigrant petition. If I-526E is denied, I-485 is generally denied as well (including dependents).

Maintaining status vs. relying on pending I-485

Some investors maintain nonimmigrant status while I-485 is pending. Others rely on the pending I-485 plus EAD/advance parole. Fact-specific — ask counsel.

Interim benefits are not the green card

EAD and advance parole can arrive before I-526E/I-485 approval. Concurrent filing often improves quality of life during the wait — it does not eliminate USCIS adjudication or visa-number rules.

Concurrent Filing vs. Consular Processing

If you invest from abroad—or you are in the U.S. but not eligible to adjust—you typically follow consular processing after I-526E approval and visa availability.

Concurrent filing can provide earlier work/travel permission when eligible. Consular processing may fit better when you are abroad, need uninterrupted travel without advance-parole planning, or are not current for I-485.

Next steps

Map eligibility, category, and visa availability with counsel. Underwrite the project first. Read Two clocks so you do not confuse bulletin availability with USCIS processing.

See: verascap.com · Visa Bulletin · Source of funds · I-956F.

Educational only. Not legal or immigration advice.

FAQs

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

It depends on two things. You must be in the United States in lawful status, and a visa number must be available for your category and country on the date you file. If both are true, you may be able to file together and apply for a work permit and travel permit while you wait. These are interim benefits, not promised timelines. Travel while pending generally requires advance parole. Your immigration attorney should confirm eligibility before you file.

What is EB-5 concurrent filing?

EB-5 concurrent filing is filing Form I-526E and Form I-485 at the same time (or close together) when you are in the U.S. and a visa number is available. It often includes I-765 (EAD) and I-131 (advance parole).

Who qualifies for concurrent filing?

You typically qualify if you (1) are physically in the United States and eligible to file adjustment of status (I-485), and (2) your EB-5 category is current for your country of chargeability. Confirm with an immigration attorney.

How quickly do I get work authorization with concurrent filing?

EAD timing varies by USCIS workload and case facts. There is no promised window. Do not treat marketing ranges as a guarantee. EAD is an interim benefit — not a green card.

What happens if my I-526E is denied after concurrent filing?

If USCIS denies your I-526E, your I-485 will generally be denied as well. That can also impact dependents’ I-485 cases. Counsel can advise on options based on the denial reason and your status.