When navigating the complex world of U.S. immigration, the prospect of obtaining an EB-1 visa often stands out as a highly coveted opportunity.
Known for offering a streamlined path to permanent residency for professionals with extraordinary abilities, outstanding researchers, and multinational executives, the EB-1 visa is one of the fastest employment-based green card options. However, an even more efficient way to approach this process is through concurrent filing.
But what does concurrent filing mean for EB-1 applicants? Is it the ideal choice for everyone? This in-depth guide explores everything you need to know about filing an EB-1 concurrently, its benefits, potential risks, and step-by-step instructions for applicants aiming to make this process as smooth as possible.
What Does It Mean to File EB-1 Concurrently?
Concurrent filing refers to submitting Form I-140 (Immigrant Petition for Alien Worker) and Form I-485 (Application to Register Permanent Residence or Adjust Status) simultaneously. These two forms represent different but interconnected steps in the green card application process.
- Form I-140 establishes your eligibility for the EB-1 category, proving your extraordinary ability, outstanding credentials, or managerial experience.
- Form I-485 is the application for adjusting your immigration status to that of a permanent resident (green card holder).
By filing both forms concurrently, you save time by initiating the adjustment of status process immediately rather than waiting for Form I-140 to be approved first. Concurrent filing only applies to applicants whose visa category is current according to the Visa Bulletin published monthly by the U.S. Department of State.
Why Choose Concurrent Filing?
Concurrent filing is popular for several key reasons. It is particularly advantageous for those who want to expedite the processing timeline, gain access to ancillary benefits like work authorization, or reduce the uncertainty typically associated with timelines around immigration petitions.
Benefits of Filing EB-1 Concurrently
Here are some compelling reasons why concurrent filing can be an excellent choice for EB-1 applicants:
1. Faster Work Authorization
When you file Forms I-140 and I-485 concurrently, you can also submit applications for Employment Authorization Documents (EAD) and Advance Parole (AP). These allow you to work in the U.S. and travel abroad while your green card application is pending.
For individuals nearing the expiration of their current visa or employment authorization, access to an EAD through concurrent filing can be a game-changer.
2. Streamlined Green Card Processing
Concurrent filing eliminates the waiting period between the approval of the I-140 and the initiation of the adjustment of status process. This parallel processing can significantly shorten the overall timeline for obtaining your green card.
3. Benefits for Dependents
Concurrent filing doesn’t just benefit the principal applicant. Family members (spouse and unmarried children under 21) can also apply for adjustment of status, EADs, or Advance Parole. This enables dependents to work legally in the U.S. or travel internationally without complications.
4. Minimized Delays in Timeline
If your priority date is current, concurrent filing allows you to proceed without unnecessary delays caused by visa retrogression. This ensures your application stays on track, even if cutoff dates shift after submission.
Limitations and Risks of Concurrent Filing
While concurrent filing offers numerous benefits, it’s not without its risks and drawbacks. Here’s what you should consider:
1. Risk of I-140 Denial
If your I-140 petition is denied, the pending I-485 application will also be voided. This means you forfeit any filing fees and related expenses, and you may lose the benefits associated with the pending I-485 (such as EAD and Advance Parole).
2. Higher Upfront Costs
Concurrent filing requires paying the filing fees for both Form I-140 and Form I-485 simultaneously. This might not be financially feasible for all applicants, especially if they’re unsure of their I-140 approval chances.
3. Travel Restrictions
Once you file Form I-485, leaving the U.S. without an approved Advance Parole document can result in the abandonment of your application. Maintaining valid H-1B or L-1 status can offer some flexibility in travel, but applicants under other visa categories may find this restriction challenging.
Step-by-Step Guide to Filing EB-1 Concurrently
Here’s a step-by-step walkthrough to help you file your EB-1 concurrently with confidence:
Step 1: Check Your Eligibility and Priority Date
Ensure you meet the criteria for EB-1 (extraordinary ability, outstanding researcher, or multinational manager). Once eligibility is confirmed, check the Visa Bulletin to ensure your priority date is current, as this determines your ability to concurrently file.
Step 2: Prepare Form I-140
Form I-140 requires comprehensive documentation, including evidence of your qualifications and achievements. For EB-1 applicants, this might include awards, publications, employer support letters, or proof of international acclaim. You may opt for premium processing (if eligible) to expedite this step.
Step 3: File Form I-485 Simultaneously
Submit Form I-485 along with the I-140, including all required documentation:
- Birth certificates
- Passport-style photos
- Medical examination (Form I-693)
- Evidence of lawful U.S. entry (e.g., I-94 record)
- Supporting documents for any dependents
Step 4: Submit Applications for EAD and Advance Parole
Alongside your adjustment of status application, file Forms I-131 (Advance Parole) and I-765 (EAD). These benefits can provide invaluable flexibility while your application is pending.
Step 5: Monitor Application Status
Once filed, track both applications via the USCIS online case status tool. Respond promptly to any Requests for Evidence (RFEs) to prevent delays or denials.
Make Your Immigration Journey Smoother
Concurrent filing of Forms I-140 and I-485 under the EB-1 category offers a fast and efficient path to obtaining permanent residency in the U.S. While it presents unique opportunities, it’s crucial to evaluate your eligibility, financial readiness, and travel plans before proceeding.
If you want to simplify this process further, consult an immigration attorney or a trusted advisor to ensure every step is handled correctly. A successful green card application requires careful planning, and expert guidance can make all the difference.
FAQs
What is the processing time for EB-1 concurrent filing?
Processing times vary but generally take 6–12 months for the entire process, including EAD/AP issuance (4–6 months) and I-140/I-485 adjudication.
Can I file Form I-140 and I-485 concurrently for EB-2 or EB-3?
Concurrent filing is also permitted for EB-2 and EB-3 applicants, provided their priority date is current.
Can I maintain a separate green card application while concurrently filing EB-1?
Yes, but USCIS only allows one pending I-485 application at a time. You may need to withdraw duplicate applications to avoid delays or complications.
What happens if my I-140 is denied?
If denied, your I-485 application will also be voided. You might need to refile both forms, depending on your circumstances.
