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For current and prospective U.S.immigrants, the EB-5 Reform and Integrity Act of 2022 (RIA) changed the game. This legislation has transformed the way investors can navigate the process of potentially obtaining a U.S. green card, primarily through EB-5 concurrent adjustment of status filing. Concurrent filing means investors now have the ability to file their I-526E (EB-5 Immigrant Petition) and I-485 (Application to Adjust Status) forms at the same time.This makes the EB-5 program more accessible than ever for those who are already in the U.S. In this article, we’ll explain the meaning of concurrent filing, how the process works, and the potential benefits investors can enjoy.
So, what does EB-5 concurrent filing mean? And how might it impact you as an investor? The short answer is that prior to the legislation that was passed in March of 2022, EB-5 investors had to wait for their Form I-526 (pre-RIA) to be approved before filing Form I-485 to adjust their status to that of a lawful permanent resident. Often, this resulted in lengthy wait times, especially for individuals already residing in the United States under valid non immigrant visas like H-1B, E2 or F-1. Now, the ability to concurrently file I-526E (postRIA) and I-485 forms has radically changed this process.
Through concurrent filing, prospective investors can potentially bypass this waiting period and potentially obtain their conditional green card faster. To qualify for concurrent filing, investors must meet a couple of key requirements:
· They must already be physically present in the U.S. under a valid nonimmigrant visa status.
· A visa number must be immediately available for their category, which can be confirmed by checking the U.S. Department of State’s Visa Bulletin.
This approach can save time and also allow investors to apply for Employment Authorization Documents (EAD) and Advance Parole (travel authorization) while their applications are pending. As a result, investors can continue working, studying, or managing businesses in the U.S. without disruptions, making concurrent filing a pivotal advancement for the EB-5program. So, how does the process work?
EB-5 concurrent filing allows investors a different approach to their immigration journey. Understanding the steps is crucial to ensuring an efficient process where requirements are met.
The process for concurrent filing begins with the submission of an I-526E form. This form demonstrates the investor’s commitment to a qualifying EB-5 project and compliance with program regulations. Key documents include proof of the investment amount, evidence of lawful source of funds, and details about the job creation potential of the project.
You’ll also want to keep in mind the fees that come with filing an I-526E form. In 2025 the filing fee is about $12,160.
While submitting your I-526E, you’ll want to concurrently file your I-485 form, too. Concurrent filing means you can submit your application to adjust your status at the same time as your I-526E form. Required documentation includes proof of lawful entry, evidence of valid nonimmigrant status, and supporting materials for eligibility, such as medical examination results. One potential supporting form you may want to consider is an I-693, Report of Immigration Medical Examination and Vaccination Record.
In 2025, the I-485 form has a filing fee of $1,440 and a biometrics fee of $85.
When you concurrently file your I-485 and I-526E forms, you may at the same time file forms for permission to work and permission to travel—called an Employment Authorization Document (EAD) or advance parole. These forms, if approved, enable the investor to work and travel with unlimited entry in and out of the U.S. while their green card application is pending, essentially granting the same benefits as a green card. Investors typically don’t have to wait too long for this, as approval tends to be granted within three months of filing.
By allowing investors to simultaneously submit key immigration forms, concurrent filing has meant a lot to EB-5investors. From work and travel authorization to a streamlined process, concurrent filing presents several benefits:
At Peachtree Group, our team has collectively spent decades helping investors like you obtain their green cards through EB-5 investing. Connect with our team to learn more about your options for EB- 5 investing, concurrent filing and access to immigration attorneys that have experience representing investors who petition concurrent filing.
Concurrent filing allows prospective EB-5 investors to simultaneously file their I-526E and I-485 forms. This may limit wait times and allows investors to remain working in the U.S. while awaiting their status.
Each month the US State Department publishes the official Visa Bulletin, which is the source for information on visa availability in the United States. It shows which approved immigrant applicants may move forward to obtain their immigrant visa based on the date the original petition was filed: If your EB-5 petition is approved by USCIS, you go to the Visa Bulletin chart to see if there is a visa currently available for you.
Final Action Dates and Dates for Filing are unchanged in the March 2025 Visa Update. However, in January we mentioned the possibility of cut-off dates being established for reserved categories. There has been no further warnings in the February or March Visa Bulletin, suggesting it is unlikely that cut-off dates will be established for the set-aside categories in April.
There are 140,000 employment-based green cards available each year, with specific limits for each “preference” category. US immigration law also sets limits on the number of green cards available based on the country of origin. No single country of origin can account for more than 7% of the green cards issued across all family-based and employment-based categories.
Although generally not an issue for most countries, this country-of-origin cap can create backlogs for EB-5 investors from China and India. (Generally, there are not enough EB-5 applicants from Mexico or the Philippines to create backlogs for those countries, which are the only other countries subject to the country-of-origin caps.)
Potential EB-5 participants should refer to the Visa Bulletin to understand whether there are visas immediately available for them after their I-526 or I-526E petition is approved. The chart for EB-5 from the latest visa bulletin shows the following:
This Visa Bulletin shows there is currently a backlog only for investors approved under the “old” EB-5 program, which was in place before the EB-5 Reform and Integrity Act of 2022 (the “RIA”), effective on March 15, 2022.
For Chinese and Indian pre-RIA investors, the dates are July 15, 2016 for Chinese applicants and January 1, 2022 for Indian applicants. Investors from China and India who applied under the old program after the cutoff dates listed (July 15, 2016, for China; January 1, 2022, for India) cannot immediately seek to get their visa and move to the United States. They must wait for the listed date to move forward to their petition’s application date, generally known as their “priority date”.
Note it is only the “Unreserved” preference category in EB-5 that shows a cutoff date. The new reserved preference categories for EB-5 all show as ‘C’ or “Current”, meaning anyone who has an approved EB-5 petition related to the new reserved visas created by the RIA can start the process to immigrate to the US, even those from China and India.
Conventional EB-5 wisdom is that the country cap is calculated within each preference category, not across all preference categories. That would mean that no one country could have more than 7% of just EB-5 visas in any reserved visa category.
This is wrong.
In a US Federal Register announcement dated March 28, 2023, the US Government acknowledged they were calculating country caps incorrectly and outlined how country caps were to be calculated moving forward. Here is an article we have written to explain EB-5 visa country caps the confusion and why investors born outside of China and India can confidently choose between either a rural or high unemployment EB-5 project.
The cutoff dates do not move in lockstep with the real-world calendar. The last time the dates changed for China and India were:
The Visa Bulletin dates are calculated by the Department of State based on information they have from USCIS about approved petitions. These charts do not show the impact of petitions that may have been filed before now, but are not, yet, approved.
The Visa Bulletin is the end of the story. To know how long a would-be immigrant might need to wait, it’s important to understand how many petitions might be in process ahead of them.
Think of the Visa Bulletin like a toll plaza on a highway. It lists how long the line is at the toll booth and separates the line for specific countries that have a backlog. However, the Visa Bulletin does not show how many cars are on the highway on their way to the toll plaza. Those are the pending petitions. This information is generally not made public, but there have been efforts by EB-5 industry groups to get this information. We will provide our analysis of this information separately.
Concurrent filing is a mechanism where EB-5 investors already in the United States can send in some forms at the same time as their first Form I-526E application, instead of waiting until that application is approved. With concurrent filing, investors can fill out and send in both their Form I-485 (Application to Register Permanent Residence or Adjust Status) and their Form I-526E petition at the same time.
Generally, this will allow those investors to travel in and out of the United States without any other visa, and to legally work in the United States without any separate employment sponsorship or visa. These investors may receive these benefits while their I-526E petition is pending, NO MATTER HOW MANY PETITIONS MAY HAVE BEEN FILED AHEAD OF THEM.
In our metaphor, this means that it does not matter how many cars are on the highway ahead of you. As long as there is not, yet a line at the toll booth, you may apply for these benefits. Essentially, if you’re here, you can stay here.
Have questions about EB-5, visit our website or fill out our contact form.
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ATLANTA (May 28, 2024) – Peachtree Group ("Peachtree") has received its I-956F approval from the United States Citizenship and Immigration Services ("USCIS"), the government agency that oversees the EB-5 Immigrant Investor Program, for the development of a Home2 Suites by Hilton in Boone, N.C.
USCIS adjudicated the I-956F petition for the hotel development in just five months.
"It is a testament to the due diligence of the Peachtree team that it was able to get the project approved so quickly, especially when the published processing time is over 15 months," said Adam Greene, EVP EB-5 for Peachtree Group.
Peachtree originated $21.7 million of fixed-rate construction financing over a five-year term for Narsi Properties to develop a 105-room Home2 Suites by Hilton near downtown Boone. This historic town, situated in the vibrant mountains of western North Carolina, is close to Appalachian State University, its 22,000-plus students and faculty, and numerous other demand generators including three of the most popular ski resorts in the state. The hotel is expected to be completed by Fall 2024.
"Construction is underway, demonstrating tangible progress and reducing initial project risks. Importantly, even as we raise EB-5 capital, Peachtree has bridged the loan, offering certainty of execution for the project and is maintaining an equity stake aligned with the same risk level as our EB-5 investors. This commitment ensures our interests are directly tied to the project's success, reassuring all stakeholders," said Greene.
The EB-5 visa program provides the opportunity for foreign investors to potentially obtain a green card in exchange for making a significant investment in a new commercial enterprise that creates jobs in the U.S. Under the program, foreign nationals who invest a minimum of $800,000 in a U.S.-based project that creates or preserves at least ten full-time jobs for U.S. workers are eligible to apply for permanent residency in the U.S.
"Peachtree Group launched its EB-5 program last year to provide an important financing tool that enables us to continue funding job-creating projects across the country," said Greg Friedman, Peachtree's CEO and managing principal. "This hotel development is expected to create roughly 328 jobs."
About Peachtree Group
Peachtree Group is a vertically integrated investment management firm specializing in identifying and capitalizing on opportunities in dislocated markets, anchored by commercial real estate. Today, the company manages billions in capital across acquisitions, development and lending, augmented by services designed to protect, support and grow its investments. For more information, visit www.peachtreegroup.com.
