Can I file my I-140 and I-485 together (concurrent filing)?

Yes. Under EB-2 NIW, so-called concurrent filing lets you submit the I-140 (immigrant petition) and the I-485 (adjustment of status) at the same time, rather than waiting for the I-140 to be approved before requesting adjustment. The key condition is that a visa number must be available for your category and priority date.

Visa availability is tracked in the Visa Bulletin, published by the Department of State. When your priority date is current, the adjustment of status can be filed together with the I-140 or while it is still pending. If no visa number is available, the I-485 waits until the category opens up.

Concurrent filing only applies to those adjusting status inside the United States who meet all other eligibility requirements, such as maintaining lawful status. Those processing abroad follow the consular route, which involves a different process.

• Allows filing the I-140 and I-485 in the same package.
• Requires a visa number to be available for your priority date.
• Requires eligibility for adjustment of status within the U.S.

Since visa availability and requirements can change, it is worth checking the latest rules on the USCIS website and reviewing your case with a qualified professional before filing.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.