EB-5 Concurrent Filing: A Golden Opportunity or a Risky Trap?
The EB-5 concurrent filing policy allows investors to submit I-526E and I-485 applications simultaneously, securing a temporary work and...
In the absence of visa backlogs, EB-5 investors can now submit their I-526E petition alongside the I-485 adjustment of status application. This “concurrent filing” means that even before your EB-5 petition is approved, you can request an Employment Authorisation Document (EAD) and Advance Parole (AP)—collectively known as the Combo Card.
The appeal is obvious: with this card, you can legally remain in the US, work, travel, and even leave temporarily while your green card is in process. In theory, changes to visa availability later on should not affect your application since your I-485 is already pending.
However, this attractive option hides two serious and surprisingly common risks.
Pitfall 1: Treating the Combo Card as a Green Card
One of the biggest misconceptions is that the Combo Card offers the same rights and security as a green card. It doesn’t.
The card is simply a temporary permit for work and travel. Its validity is short, and it comes with restrictions. Travelling without an approved AP can automatically void your I-485 application. Even with AP, US Customs and Border Protection (CBP) officers can refuse entry at their discretion.
Long absences from the US can also raise questions about your true intention to reside permanently, potentially jeopardising your adjustment of status.
Pitfall 2: Misusing the B Visa for Concurrent Filing
Another common misstep is entering the US on a B visitor visa, waiting 90 days, and then filing the I-485 in the belief that the “90-day rule” offers legal protection.
This is risky. The US immigration system treats visas like B and F as “single-intent,” meaning they are for temporary visits only. Filing for a green card soon after arrival can lead immigration officers to suspect visa fraud.
While the old “30/60 rule” once offered some leeway, policy changes now allow officers to deny applications whenever they suspect you intended to immigrate when entering. Such a finding can result in lifetime inadmissibility.
Years later, when your I-526E is finally approved and your I-485 comes under review, a filing timed just after 90 days could still be scrutinised. If you cannot convincingly explain your original intent, your application may be refused.
Who Should and Shouldn’t Use Concurrent Filing
Best candidates:
International students on F visas already studying in the US
H-1B workers with stable employment and legal continuous status
High-risk candidates:
Investors outside the US entering solely on a B visa
Applicants unable to reside in the US long-term during the process
Concurrent filing works best for those already lawfully living and working in the US, where the timeline and documentation form a logical, consistent immigration history. For others, rushing into it can be self-defeating.
The Bottom Line: Speed vs Stability
Concurrent filing is not a trap, but it is a double-edged sword. Handled well, it can accelerate your path to residency; mishandled, it can destroy your chances.
If you can genuinely live, study, or work in the US during the process, it may be worth serious consideration. If not, patience—waiting for I-526E approval before entering—is often the safer route.
In US immigration, the question is rarely “How fast?” but rather “How secure?” Your strategy should protect your eligibility from start to finish, avoiding unnecessary risks that could cost you your future in America.
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