How EB-1A Concurrent Filing Works And When to Use It

If you’re applying for a green card through the EB-1 visa, you already have one major advantage: you don’t need a job offer, sponsor, or employer involvement. You can petition for yourself based entirely on your own achievements — and if your record proves you’re among the best in your field, that’s enough.

But there’s another strategic option many applicants don’t realize: concurrent filing. If your EB-1A category is current in the Visa Bulletin, you may be able to file your I-140 petition and I-485 green card application at the same time. This can fast-track your immigration process, giving you earlier access to work authorization, travel permits, and status flexibility — all while your petition is under review.

What Does “Concurrent Filing” Mean?

Concurrent filing is a strategy available to some EB-1A applicants, and it can significantly speed up the green card process. Normally, applying for a green card happens in two stages: first, you file Form I-140, the petition proving you qualify for the EB-1A category. Once that’s approved, you move on to Form I-485, the application to actually get your green card.

With concurrent filing, you don’t have to wait.

If your visa category is “current” in the State Department’s Visa Bulletin, you can file both forms at the same time. That means your petition and green card application are reviewed in parallel, and you can apply for work and travel permits (EAD and Advance Parole) right away.

It’s not always the right move, but for EB-1A applicants with a strong case and time-sensitive goals, concurrent filing can be a smart way to streamline the process. An immigration attorney can help you decide whether it’s a good fit based on your credentials, timing, and visa availability.

When Can You File EB-1A Concurrently?

Concurrent filing isn’t always on the table; it depends entirely on visa availability. U.S. immigration law limits how many green cards are issued each year by category and country, and the Visa Bulletin, published monthly by the State Department, shows who’s eligible to move forward.

To file concurrently, your EB-1A category must be “current” for your country of birth in the Visa Bulletin. When a category is current, it means a green card is available immediately, and you’re allowed to file both your I-140 petition and I-485 adjustment of status at the same time.

For many countries, the EB-1A category is typically current. But for high-demand countries like India and China, it sometimes gets pushed back, creating a wait. The bulletin can shift month to month, so timing matters.

Can All EB-1 Categories File Concurrently?

All EB-1 categories can file concurrently, but with a few important distinctions. All three EB-1 subcategories are eligible for concurrent filing if the visa bulletin shows the category is current for your country of birth. That includes:

• EB-1A for individuals with extraordinary ability
• EB-1B for outstanding professors and researchers
• EB-1C for multinational managers and executives

What makes EB-1A unique is that you can self-petition—you don’t need a job offer or employer sponsor. That gives you far more control over your timeline and makes concurrent filing especially attractive if you’re applying independently. EB-1B and EB-1C require employer sponsorship, so applicants in those categories must rely on their company to initiate and support the process.

Benefits of Concurrent Filing

Filing your EB-1A petition and green card application together can come with major advantages, especially if you’re already in the U.S. and eager to move forward.

The biggest benefit? Time. Concurrent filing allows USCIS to review your I-140 and I-485 at the same time, rather than one after the other. That can shave months off your total processing time and get you further along the green card path faster.

Here’s what else you gain:

• Early access to work and travel benefits. You can apply for Employment Authorization (EAD) and Advance Parole (AP) as soon as you file your I-485.
• No need to pause your career. EAD lets you continue working — or start new work — while your green card is pending.
• Travel flexibility. Advance Parole allows international travel without abandoning your green card application.
• More stability if you’re already in the U.S. A pending I-485 allows you to remain in the U.S. while your case is under review.
• Ideal for self-petitioners. EB-1A applicants without employer sponsors can move forward independently, without waiting for external approvals.

Risks and Downsides to Keep in Mind

Concurrent filing can be a smart move, but it’s not without risk. Submitting both your EB-1A petition and green card application at once means you’re committing time, money, and paperwork upfront, all before knowing if your I-140 will be approved.

For applicants with borderline cases or uncertain eligibility, it may make more sense to wait for I-140 approval first before filing Form I-485. If your petition doesn’t go through, everything else you filed with it could fall apart too.

Here’s what to consider before filing concurrently:

• If your I-140 is denied, your I-485 is automatically denied. USCIS won’t process a green card application without an approved petition to support it.
• You’ll pay more upfront. Filing both forms at once means higher initial costs, including government filing fees and, often, legal fees.
• No refunds if things go wrong. If your petition is rejected, the government won’t refund filing fees, even for the I-485.
• Visa bulletin retrogression is a real risk. If your category becomes unavailable after filing, USCIS may put your green card application on hold until it becomes current again.
• More complexity if things change mid-process. If you need to amend your petition, change employers, or travel unexpectedly, navigating it all with multiple applications pending can get tricky.

Should You File Concurrently or Wait?

Just because you can file concurrently doesn’t always mean you should. For some EB-1A applicants, it’s the fastest and most efficient route to a green card. For others, especially those with less certain cases or shifting personal circumstances, filing in stages may offer more control and less risk.

The decision often comes down to timing, case strength, and personal priorities. Here are some key questions to help guide your strategy:

• How strong is your EB-1A case? If your qualifications clearly meet USCIS criteria—or you’ve already consulted with an attorney—concurrent filing may be worth it. But if your case is borderline or still being built, it might be safer to wait for I-140 approval.
• Is premium processing an option for you? Paying for 15-business-day I-140 processing can reduce wait time and give you clarity before filing your I-485.
• Are you on a tight timeline? If your current visa is expiring, your job situation is changing, or you need work/travel flexibility ASAP, concurrent filing could help keep you in status and moving forward.
• Are you financially prepared? Filing both forms together can mean higher upfront costs, which can be a factor if you’re budgeting for EB-1 visa costs like legal fees, filing fees, and medical exams at the same time.
• Do you need flexibility for travel or work? If staying in the U.S. legally and continuing your work is important during processing, concurrent filing lets you apply for EAD and Advance Parole right away.

Not Sure if Concurrent Filing Is Right for You?

At Manifest Law, we work with extraordinary individuals across research, tech, the arts, and beyond, helping them navigate complex immigration paths like the EB-1A. Whether you’re considering concurrent filing or building your self-petition from scratch, our attorneys will assess your case, identify risks and strengths, and create a strategy built around your goals.

👉 Schedule a consultation to find out if concurrent filing makes sense for your timeline and get expert guidance on every step toward your green card.

Frequently Asked Questions

Can I apply for permanent resident status while my EB-1A petition is pending?

Yes. If the employment-based visa category is current in the Visa Bulletin, you can file your adjustment of status application (Form I-485) at the same time as your EB-1A petition (Form I-140). This process is known as concurrent filing and allows you to apply for permanent resident status sooner.

What’s the difference between adjustment of status and consular processing for employment-based green cards?

Adjustment of status is for applicants already in the U.S.—you file your green card application (Form I-485) without leaving the country. Consular processing is for applicants abroad who complete their employment-based green card interview at a U.S. embassy or consulate. Concurrent filing is only available if you’re adjusting status from within the U.S.

Can I file a concurrent adjustment of status application if I’m outside the U.S.?

To file a concurrent adjustment of status application, you must be physically present in the U.S. If you’re abroad, you’ll need to go through consular processing after your I-140 is approved and your visa category is current.

Is concurrent filing available for EB-2 NIW applicants?

EB-2 NIW (National Interest Waiver) applicants can also file concurrently if their visa category is current. Like EB-1A, the EB-2 NIW allows self-petitioning, and concurrent filing is available when adjusting status in the U.S. Priority dates for EB-2 NIW are backlogged for all countries as of June 2025, which means only applicants with priority dates from previous I-140s are able to file concurrently. If you are filing your first-ever I-140, you will not have a current priority date and cannot file concurrently.

Can I file I-140 and I-485 concurrently?

Yes, if your employment-based visa category is current in the Visa Bulletin and you’re in the U.S., you can file Form I-140 and Form I-485 (adjustment of status application) at the same time. This is known as concurrent filing and is commonly used by EB-1A and EB-2 NIW applicants.

Can I have two green card applications at the same time?

Yes, it’s possible to have more than one employment-based green card petition pending or approved, for example, an EB-1A and an EB-2 NIW. Legally, there is no limit to how many I-140s you can have approved. However, you can only adjust status based on one petition. You can pick which I-140 you rely on when filing the I-485 based on which was approved first and which category is current based on your priority date.