Since the passage of the EB-5 Reform and Integrity Act in March 2022, EB-5 investors are allowed to file Form I-485 (Application to Register Permanent Residence or Adjust Status) concurrently with Form I-526 or I-526E, provided a visa would be immediately available to them upon petition approval. This means that if the investor’s priority date is current on the visa bulletin at the time of filing, they can also submit their adjustment of status application.
Concurrent Filing of Forms I-131 and I-765
Furthermore, an established rule permits adjustment of status applicants to file Forms I-131 (Application for Travel Document) and I-765 (Application for Employment Authorization) concurrently with Form I-485. This allows applicants to request advance parole and work authorization while their I-485 is pending, which streamlines the process and enables them to travel abroad and work legally in the U.S. as they await the final decision on their adjustment of status.
Processing Times for EAD and Advance Parole
The processing times for the EAD and advance parole can vary, but applicants generally receive these documents within 3 to 6 months after filing, typically before the adjudication of their I-526 or I-526E. Once USCIS approves the I-526 or I-526E petition, confirming that the investment meets the necessary requirements, the next step requires the adjudication of the I-485 application. Upon approval of the I-526 or I-526E, the investor will become conditional green card holder.
Recent Policy Updates: Extended Validity Period
In September 2023, USCIS updated its policy manual to increase the validity period of adjustment of status-based EADs from two to five years. Additionally, advance parole documents can also be issued with a validity of up to five years and allow for multiple trips.
Impact of Traveling Abroad Before Receiving Advance Parole
It is important to note that if the applicant travels abroad before receiving the advance parole document and does not have another advance parole associated with their current status, their application for such will be considered abandoned. In this case, however, the EAD is typically not deemed abandoned. The I-485 will also be abandoned unless the applicant is on H-1B or L-1.
The concurrent filing system is designed to minimize waiting periods and streamline the path to permanent residency. By leveraging these concurrent filing options, investors can more efficiently navigate the complexities of U.S. immigration.
If you have questions about your eligibility for concurrent filing, please email us at rpatel@patellegal.com and jtrevino@patellegal.com.