Concurrent Filing EB-5: filing the I-526E and I-485 together for investors in the United States

Concurrent Filing EB-5 is the mechanism that allows Form I-526E (or I-526) to be filed together with Forms I-485, I-765 and I-131 in a single package. It is one of the landmark changes introduced by theEB-5 Reform and Integrity Act 2022 (RIA), allowing investors living in the United States on valid visas to significantly shorten the path from the first filing to a conditional green card.

For Vietnamese investors studying, working or doing business in the United States, Concurrent Filing EB-5 offers two key advantages: receiving work authorisation (EAD) and advance parole within 2–6 months of filing, and shortening the total time to a conditional green card to 12–24 months when choosing a Rural TEA project.

How Concurrent Filing EB-5 works

Before the RIA, EB-5 investors had to wait forForm I-526to be approved before filing the I-485 — a sequential process that took 3–5 years before reaching a conditional green card. After the RIA, according toofficial USCIS guidance on Concurrent Filing, investors can file concurrently if the immigrant visa is current in the Visa Bulletin at the time of filing.

A complete Concurrent Filing EB-5 package usually includes four forms filed at the same time:

• I-526E (or I-526 for Direct petitions): seeking EB-5 classification.
• I-485 (Application to Register Permanent Residence or Adjust Status): seeking adjustment to conditional permanent resident status.
• I-765 (Application for Employment Authorization): seeking work authorisation (EAD).
• I-131 (Application for Travel Document): seeking advance parole.

All four forms must be sent together to the same lockbox address ofU.S. Citizenship and Immigration Services (USCIS), with four separate fee payments under the ban on combined payments in place since 01/09/2022. According toofficial USCIS guidance on the EB-5 process, an incorrectly combined payment will cause the entire package to be rejected and returned.

Who is eligible for Concurrent Filing EB-5

To use this mechanism, the investor must meet three core conditions at the same time.

First, they must be actually living in the United States on a valid, unexpired nonimmigrant visa at the time of filing. Common visas include H-1B (highly skilled workers), L-1A and L-1B (intracompany transferees), F-1 (students), E-2 (treaty investors), TN (NAFTA/USMCA professionals) and O-1 (individuals with extraordinary ability).

B-1/B-2 visas (tourism and business) are not suitable for Concurrent Filing EB-5 because of the US Department of State’s 30/60-day rule on immigrant intent. F-1 students must also follow the 90-day rule — not filing an EB-5 petition within the first 90 days after entry, to avoid being seen as misrepresenting their original nonimmigrant intent.

Second, the applicable EB-5 visa category must be current in the Visa Bulletin at the time of filing. According to the May 2026 Visa Bulletin, all three Reserved categories (Rural, High Unemployment, Infrastructure) are current for all countries, and Unreserved is current for Vietnam — the most favourable possible conditions for petitions from Vietnam.

Third, no serious immigration violations in their history of residence in the United States, no removal order in effect, and no previous overstay of more than 180 days.

The most important advantages of Concurrent Filing EB-5

The biggest advantage of this mechanism lies not in the final I-485 approval but in the interim benefits received from the I-765 and I-131 just a few months after filing.

Work authorisation (EAD) within 2–6 months

Once USCIS accepts the package, the I-765 is usually adjudicated and the EAD issued within 2 to 6 months. According to actual 2026 data, many applicants receive their EAD within 90 days, especially at less busy offices.

The EAD allows the investor to work freely in any state, without depending on the employer sponsoring their current H-1B or L-1 visa. This is a particular advantage for anyone who wants to change career direction, freelance or run their own business. The EAD also serves as proof of lawful status when applying for other documents such as a driving licence and a Social Security Number.

Advance Parole — freedom to travel internationally

Form I-131 grants Advance Parole, allowing the investor to leave the United States and return while the I-485 is pending. Without Advance Parole, leaving the United States will cause USCIS to treat the I-485 as abandoned.

Advance Parole takes a similar time to the EAD, usually 2–6 months. In many cases, USCIS issues a “combo card” — a single card combining the EAD and Advance Parole, which is convenient and shortens processing time.

The combo card and its benefits

When the I-765 and I-131 are filed together through concurrent filing, USCIS may issue a combo card with event code C55 in its internal system. The card combines two rights: working and travelling internationally. It is an important document that lets the investor maintain a normal life while waiting for the I-485 to be approved.

The six-step process

The process consists of six specific steps.

Step 1: Complete the I-526E or I-526 petition with full evidence of the project, the source of funds and the investment disbursed into the escrow account.

Step 2: Complete the I-485 for the principal investor and each family member, with Form I-693 (immigration medical examination report) in a sealed envelope from the Civil Surgeon.

Step 3: Complete the I-765 and I-131 for each person seeking an EAD and Advance Parole. Note that not every family member has to file both forms — it depends on actual needs.

Step 4: Prepare four separate payments via Form G-1450 (credit/debit card) or G-1650 (ACH transfer). 2026 fees: I-526E $11,160 USD + Integrity Fund $1,000 USD; I-485 $1,440 USD per person; I-765 $260 USD per person (down from $520 when filed with the I-485); I-131 $630 USD per person.

Step 5: Send the entire package to the correct lockbox address under USCIS’s Direct Filing Address. If sent to the wrong address, the package may be returned and the Priority Date lost.

Step 6: Receive an I-797C notice for each form within 2–4 weeks. Each form has its own receipt number for tracking progress through the USCIS case status portal.

Comparing total time: concurrent vs sequential filing

The difference between Concurrent Filing and the sequential process is clearest when comparing total time.

For investors filing concurrently in the Rural TEA category: the I-526E is approved within 4–12 months, the I-485 is approved 2–6 months after that, and the EAD and Advance Parole are received within the first 2–6 months. Total time to a conditional green card: 12–24 months from filing.

For investors using the sequential process (waiting for I-526E approval before filing the I-485): the I-526E takes 18–30 months and the I-485 takes a further 8–14 months. Total time: 26–44 months. Throughout this period, the investor has no independent EAD and must rely on their current visa.

For investors in Vietnam (who cannot use Concurrent Filing): the I-526E takes 18–30 months, followed by 8–12 months of NVC processing and the consular interview, for a total of 26–42 months. This is the timeframe that applies to most EB-5 petitions from Vietnam.

So concurrent filing can shorten the roadmap from 26–44 months to 12–24 months — saving up to 1–2 years compared with sequential filing, and 1.5–2 years compared with typical Consular Processing.

Risks and notes when filing concurrently

Despite its big advantages, this mechanism also comes with some specific risks that investors need to understand clearly.

The risk of a denied I-526E leading to a denied I-485

Because the I-485 depends on the outcome of the I-526E, if USCIS denies the I-526E, the I-485 will automatically be denied too. This means the I-485, I-765 and I-131 fees already paid (a total of $2,330 USD per person) are not refunded. For a family of 4, the money lost can reach $9,320 USD on top of the I-526E fee.

To reduce this risk, some immigration lawyers recommend waiting until the I-526E is close to approval before filing the I-485. However, this approach sacrifices the advantage of an early EAD and Advance Parole.

Visa Bulletin retrogression risk

This mechanism requires the Priority Date to be current at the time of filing. If the Visa Bulletin moves into retrogression after the I-485 has been filed, USCIS may pause I-485 processing until the Priority Date becomes current again. According to warnings from the US Department of State, India Unreserved could go into retrogression at the end of fiscal year 2026.

Fortunately, this does not affect Vietnamese investors in the Reserved categories, which are unlikely to go into retrogression in the short term.

The risk of losing permanent residence eligibility by leaving the United States incorrectly

If the investor leaves the United States before receiving Advance Parole, USCIS may treat the I-485 as abandoned and close the case. Investors must wait for the I-131 to be issued before any trip abroad. In emergencies, an emergency Advance Parole can be requested at the local USCIS office.

The 90-day rule risk for F-1 students

F-1 students who file an EB-5 petition within the first 90 days after entry may be seen by USCIS as misrepresenting their original nonimmigrant intent. The consequence is denial of the entire EB-5 case and a possible future entry ban under INA 212(a)(6)(C).

Visa Bulletin status in May 2026 and the opportunity for Vietnam

In May 2026, Visa Bulletin status is especially favourable for concurrent filings by Vietnamese investors. All three Reserved categories (Rural, High Unemployment, Infrastructure) are current for all countries, and the Unreserved category is also current for Vietnam.

This means Vietnamese investors in the United States can use Concurrent Filing with any of the four EB-5 options. However, the Rural category remains the best choice because it combines with the RIA’s priority processing, giving the fastest I-526E approval.

For investors considering when to file, the practical advice is to file as early as possible in the first half of the USCIS fiscal year (10/2025 – 03/2026), when the new supply of Reserved visas has just been allocated and there is little risk of retrogression in the early months of the year.

Next steps for Vietnamese investors in the United States

Concurrent filing is not suitable for every situation, but for Vietnamese families with members living in the United States, it is a valuable legal tool for shortening the settlement roadmap. Four foundational preparation steps are recommended.

Step 1: Check your current visa against the list of eligible visas and make sure it has at least 6 months of validity left. A visa expiring while the I-485 is pending is not a problem if the application was properly accepted, but filing while the visa is still valid is safest.

Step 2: Complete source of funds documentation to the RIA’s high standards. Poor-quality documentation is the leading cause of RFEs/NOIDs and can prolong adjudication by years.

Step 3: Choose a Rural TEA project to benefit from both the RIA’s priority processing and Concurrent Filing. This combination creates the shortest possible route under the current EB-5 framework.

Step 4: Work with an immigration lawyer experienced in concurrent filing — it is a complex process with multiple forms and separate fees, and mistakes can lead to the package being returned and the Priority Date being lost.

Concurrent Filing EB-5 is one of the most positive changes the RIA has brought to the EB-5 programme. For eligible Vietnamese investors, it is an opportunity to shorten the overall roadmap from 5–7 years to 3–4 years, while unlocking the right to work and travel early, within the first 6 months.