Concurrent filing EB-3 is filing the I-140 petition and the I-485 application at the same time, instead of waiting for I-140 approval before filing I-485. This approach is only feasible when the priority date is current and the applicant is inside the US. This article explains the conditions and benefits of concurrent filing EB-3 for you to consider.
Concurrent filing EB-3 là gì
Normally, an employment-based immigration case proceeds step by step: I-140 must be approved first, then I-485 is filed once the priority date is current. Concurrent filing allows these two steps to be combined and filed at the same time.
US immigration authorities allow this filing method for employment-based categories including EB-3, provided an immigrant visa is available at the time of filing.
Applicable conditions
The key condition is that the applicant’s priority date must be “current” on the Visa Bulletin designated by the immigration authorities for filing I-485 in that month. The applicant must also be inside the US, as this filing method does not apply to consular processing abroad.
For applicants born in a country without significant backlog, the priority date usually becomes current quickly, making concurrent filing easier to carry out. For countries with heavy backlogs, this opportunity is rarer.
Benefits of this filing method
The biggest benefit is unlocking certain rights during the waiting period: as soon as the immigration authorities receive I-485, the applicant can apply for a work permit and a re-entry permit, even before both petitions are approved.
This allows the applicant to work legally and travel internationally while waiting. You should keep track of monthly Visa Bulletin to choose the right time to file.
Summary
Concurrent filing EB-3 is a strategy that saves time and unlocks benefits early once the priority date is current. The requirement is that the applicant be inside the US and a visa be available. You should monitor the Visa Bulletin and consult professionals to take advantage of this opportunity at the right time.
═══════════════════════════════════════════════════════════════════
References
- USCIS — Adjustment of Status: https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status
- U.S. Department of State — The Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
Read more: Overview of the EB-3 visa for US immigration · EB-3 Visa Overstay: Risks and How to Handle It While in the US
