The Benefits of Concurrent Filing: Why Prospective Investors Are Acting Now

The EB-5 Immigrant Investor Program became significantly more beneficial with the introduction of concurrent filing, introduced in the Reform and Integrity Act of 2022. This provision allows investors to file their I-526E petition (Immigrant Petition by Regional Center Investor) and I-485 application (Adjustment of Status) simultaneously.

By streamlining the process, concurrent filing offers a range of benefits like accelerating work and travel mobility while the Conditional Green Card is pending. Below, we explore these advantages and outline the requirements for a successful I-526E petition, highlighting how Behring Regional Center ensures compliance from the project perspective.

 

Key Benefits of Concurrent Filing

1. Employment Authorization Document (EAD)

One of the most significant advantages of concurrent filing is the ability to apply for an Employment Authorization Document (EAD). This document allows EB-5 investors and their dependents to work legally in the U.S. without needing employer sponsorship. Whether you want to explore new career opportunities or start your own business, the EAD provides unparalleled flexibility while your green card application is pending.

2. Advance Parole (AP)

Concurrent filing also allows investors to apply for Advance Parole, which grants permission to travel internationally and re-enter the U.S. without jeopardizing their immigration status. This benefit is particularly valuable for those who need to travel for personal or professional reasons while awaiting green card approval.

3. Authorized Stay in the U.S.

Once an adjustment of status application (I-485) is filed, you enter a period of authorized stay. This means you can legally remain in the U.S. while your application is pending, even if your previous visa expires or its conditions change. However, it is important to note that authorized stay is distinct from lawful nonimmigrant status—your prior visa status does not automatically remain active unless you meet its specific requirements.

4. Freezing Children’s Ages

Under the Child Status Protection Act (CSPA), concurrent filing freezes the age of dependent children at the time of filing, ensuring they remain eligible as dependents even if they “age out” during processing delays. This provision is critical for families with children nearing 21 years old.

5. Faster Access to Green Card Benefits

Concurrent filing eliminates the need to wait for I-526E approval before submitting an I-485 application, significantly reducing delays in accessing benefits like work authorization and travel flexibility. In some cases, EADs and APs are issued within 100 days of filing, allowing investors to enjoy green card-like benefits much sooner.

 

Why File Now? Reserved Set-Asides Are Current

As of May 2025, Reserved Set-Aside categories—including Rural Area, High Unemployment Area (HUA), and Infrastructure—remain current for all applicants, including those from high-demand countries like China and India. This means visas are immediately available under these categories, making it an ideal time to file concurrently. However, visa retrogression could occur in future Visa Bulletins due to increasing demand for these categories. Filing now ensures that you lock in eligibility while these categories remain current.

 

What Are the Requirements for a Successful I-526E Petition?

To file a successful I-526E petition under the EB-5 program, investors must meet several key requirements:

1. Investment in a New Commercial Enterprise (NCE)

The investment must be made in a qualifying NCE that meets USCIS criteria. This includes creating a new business, expanding an existing one, or investing in a troubled enterprise.

2. Minimum Capital Investment

Investors must contribute at least $800,000 if the project is located in a Targeted Employment Area (TEA) or $1.05 million outside TEAs. These funds must be irrevocably committed to the project.

3. Lawful Source of Funds

The investor must demonstrate that their investment capital was obtained through lawful means, such as income, property sales, or inheritance. Comprehensive documentation is required to trace the source of funds.

4. Job Creation Requirement

Each EB-5 investment must create at least 10 full-time jobs for U.S. workers. Regional centers often use USCIS-approved economic models to demonstrate job creation through direct, indirect, or induced employment.

 

How Behring Regional Center Ensures Compliance

Behring Regional Center has developed robust strategies to ensure its projects meet all USCIS requirements for I-526E petitions:

1. Simple Investment Structures

Behring designs projects with straightforward investment structures that minimize complexity and maximize transparency for investors.

2. Guaranteed Job Creation

Behring uses USCIS-approved economic models to ensure each project meets or exceeds the 10-job creation requirement per investor. Detailed economic impact reports accompany every project offering.

3. Construction Completion Guarantees

Behring includes construction completion guarantees in its projects, reducing risks associated with delays or incomplete developments.

4. Lawful Source Documentation Support

Behring assists investors by providing guidance on preparing lawful source documentation and working closely with immigration attorneys to ensure compliance with USCIS standards.

5. Ongoing Compliance Monitoring

Behring continuously monitors its projects’ progress and submits regular reports to USCIS to maintain compliance throughout the EB-5 process. This proactive approach ensures that investors’ petitions remain strong from start to finish.

 

Why Choose Behring Regional Center?

Beyond I-526E approval, every investor needs to carefully select their project from an investment point of view as well. Given the complexities and risks involved in the EB-5 process, selecting a regional center with a proven track record is critical for success. Behring Regional Center stands out as a leader in the EB-5 industry for several reasons:

• 100% USCIS Project Approval History: Behring has consistently delivered successful outcomes for its investors by sponsoring projects that meet USCIS requirements.
• Safe Investments: Behring specializes in carefully vetted projects with strong financial backing and guarantees like construction completion assurances and repayment guarantees backed by federal government credit.
• Expert Guidance: Behring offers personalized consultations, educational resources, and ongoing support throughout every step of your EB-5 journey.

With Behring’s investor-focused platform, you can customize your investment strategy based on your risk tolerance and financial goals while benefiting from one of the industry’s most efficient operating models.

 

Take Action Today

With Reserved Set-Asides still current and concurrent filing offering unparalleled benefits like work authorization and travel flexibility, now is the time to act on your EB-5 investment goals. Don’t leave your future to chance—partner with Behring Regional Center to navigate your EB-5 journey confidently.