EB-5 Visa: Who can benefit from concurrent filing?

By Goldi Chawla

The EB-5 visa program is for individuals seeking to immigrate to the U.S. as a lawful permanent resident. Until recently, EB-5 law did not allow individuals already living in the U.S. lawfully under a non-immigrant visa to adjust their EB-5. That changed last year with the enactment of the EB-5 Reform and Integrity Act (RIA).

So now, EB-5 petitioners who reside in the U.S. in lawful status may file an application to adjust their visas to that of a lawful permanent resident (Form I-485) concurrently with the filing of their EB-5 petition (Form I-526E) and remain in the U.S. during the time that his/her Form I-526E is adjudicating.

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Who can benefit from Concurrent Filing?

Concurrent Filing is especially beneficial to international students in the U.S. and work visa holders who are waiting for their green cards to be scheduled. After obtaining a work permit, international students won’t be restricted by majors or need the employer’s work visa sponsorship to find a job.

Applicants with a work visa can immediately get rid of the restrictions of the work visa and look for better career opportunities. If the parents of foreign students studying in the United States are the main applicants, they can also obtain legal U.S. residence status immediately through identity conversion.

It’s vitally important to retain a highly qualified immigration attorney to help you navigate your path choices when concurrently filing to adjust your visa status. And if you choose the EB-5 option, there’s no overstating the need to put your immigration journey into the hands of an EB-5 regional centre that has the experience, track record and integrity to take that journey with you.

Also Read: EB-5 visa gaining interest as H-1B becomes a more elusive ticket to work and live in the US

Immediate benefits from concurrent filing include:

Eligibility to obtain the Employment Authorization Document (“EAD”) card.

Freedom to work in the U.S. for any employer without sponsorship.

Eligible to obtain travel permit (Advance Parole); freedom to travel inside and outside of the U.S.

(Author is Regional Representative – India & The Middle East, CanAm Enterprises)