Overview

Concurrent filing refers to the process of submitting Form I-140 (Immigrant Petition for Alien Worker) and Form I-485 (Application to Adjust Status) at the same time. Under guidance published by U.S. Citizenship and Immigration Services (USCIS), concurrent filing is permitted only when an immigrant visa number is immediately available at the time of filing. While concurrent filing can provide meaningful benefits for employment-based green card applicants, it is not available in every case and depends on visa availability, timing, and the applicant’s individual circumstances.

What Is Concurrent Filing?

In most employment-based green card cases, applicants must first file Form I-140 and wait for approval before submitting Form I-485. Concurrent filing allows both forms to be filed together, eliminating the need to wait for I-140 approval when visa availability permits.

USCIS expressly limits concurrent filing to cases where a visa number is available under the applicable employment-based category and priority date.

Why Concurrent Filing Matters

When permitted, concurrent filing allows applicants to:

• Remain in the United States while the adjustment application is pending
• Apply for Employment Authorization (EAD)
• Apply for Advance Parole for international travel
• Reduce uncertainty when a non-immigrant status is approaching expiration

These benefits become available only after Form I-485 is properly filed, as outlined in the official Form I-485  instructions published by USCIS.

Who Is Eligible for Concurrent Filing?

To qualify for concurrent filing, all of the following conditions must be met.

1. The Applicant Is Physically Present in the United States

Concurrent filing is available only to applicants eligible to file an adjustment of status from within the United States. Applicants pursuing consular processing abroad are not eligible for concurrent filing.

2. The Applicant Is Filing an Eligible Employment-Based Category

Concurrent filing may be available for employment-based categories such as EB-1, EB-2 (including National Interest Waiver), and EB-3. However, eligibility is not determined by category alone.

3. A Visa Number Is Immediately Available

Visa availability is determined by the monthly Visa Bulletin issued by the U.S. Department of State. Each month, USCIS also announces whether applicants may use the Final Action Dates chart or the Dates for Filing chart for adjustment-of-status filings, which is published on the USCIS website. An applicant may file Form I-485 only if their priority date is current under the chart authorized by USCIS for that month.

4. Eligible Derivatives (Family Members)

Spouses and unmarried children under 21 qualify as derivatives and do not need a separate Form I-140. They derive eligibility from the principal applicant's petition. Each derivative must file their own Form I-485 (concurrently with the principal's package or while it is pending), along with supporting evidence of the relationship. When visa numbers are available under the USCIS-authorized chart, derivatives gain the same interim benefits as the principal: permission to remain in the U.S., apply for EAD and Advance Parole, and potential CSPA protection for children. Derivatives face the same visa availability and inadmissibility rules.

Who Is Not Eligible for Concurrent Filing?

Applicants are not eligible for concurrent filing if:

• They are outside the United States.
• Their priority date is not current under the applicable Visa Bulletin chart for the filing month.
• USCIS has not authorized a filing chart under which the applicant’s priority date is eligible for that month.
• They are subject to inadmissibility issues without an available waiver or other form of relief (e.g., certain criminal, immigration violation, or security-related bars that block adjustment even if filing is accepted).
• USCIS lacks jurisdiction over the adjustment application (e.g., in active removal proceedings without administrative closure, or with a final removal order).

A Common Misunderstanding: I-140 Does Not Grant Status

A frequent misconception is that filing Form I-140 allows an applicant to remain lawfully in the United States. This is incorrect. As explained in USCIS guidance, Form I-140 does not grant lawful status, work authorization, or permission to remain in the United States. Applicants who file only Form I-140 must continue to maintain a separate valid non-immigrant status until they are eligible to file Form I-485 or complete consular processing.

Filing vs. Approval: An Important Distinction

Even when concurrent filing is permitted:

• Filing Form I-485 allows the applicant to remain in the United States while the application is pending
• Final green card approval remains subject to visa availability under the Final Action Dates published by the Department of State

As a result, applicants may receive interim benefits while waiting, but final approval may still take additional time.

Takeaway

Concurrent filing can be a valuable option for employment-based green card applicants, but eligibility depends on visa availability, timing, and individual immigration history. Because Visa Bulletin rules change monthly and filing errors can result in rejection or loss of lawful status, applicants should carefully evaluate eligibility before filing. Applicants and employers should evaluate concurrent filing eligibility before submission and monitor Visa Bulletin updates closely or contact the  Law Office of Thomas V Allen for personalized guidance and legal support.

Disclaimer: This article provides general information and is not legal advice. Immigration laws and requirements change frequently. Consult a qualified attorney for advice tailored to your circumstances.