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Form I-485, or the "Application to Register Permanent Residence" allows an EB-5 investor to adjust their investor's status from a non-immigrant to a conditional permanent resident (CPR). To take advantage of this, the EB-5 investor must already be in the United States lawfully on a non-immigrant visa such as a F-1 or H-1B. The form is generally filed after the I-526E Petition which is the first step in the EB-5 visa process. This blog post explains how the Form I485 fits into the overall EB-5 process, the essential documents needed, and how to avoid potential delays in the adjustment of status journey.
The passing of the EB-5 Reform and Integrity Act of 2022 (“RIA”) allowed EB-5 investors to file Form I-485 concurrently with Form I-526E if visas are available. This is called concurrent filing and allows investors to remain in the US while their application is processed. In short, if you are in the U.S. you can stay in the U.S. while you wait for the adjudication of your Form I-526E Petition.
Once the I-485 is approved, the investor becomes a conditional permanent resident which is good for two years. During this time, they need to fulfil the promise they made with the I-526 form to invest in a project that creates US jobs. In order to remove the conditional and become a permanent resident, the investor must file Form I-829 or the "Petition by Investor to Remove Conditions on Permanent Resident Status". Once this is granted, the investor and their eligible family members receive permanent green cards.
Investor Benefits During I-485 processing:
While the I-485 is processing, EB-5 investors may also file a Form I-765, "Application for Employment Authorization" and Form I-131, "Application for Travel Document" to receive an employment authorization and travel permit, which allows them to work in the US and travel while their applications are pending.
Peachtree Group encourages ourEB-5 investors to consult with their immigration attorney and to read through the Form I-485 form instructions as the specific evidence required with theForm I-485 application may vary depending on the immigrant category you are filing under.
Documents required to be submitted with your Form I-485 include:
As November 2024, the filing fee for Form I-485 is $1,440. The EB-5 investor pays additional filing fees if they are also filing Form I-765 and Form I-131. Be sure to check the USCIS website for the most up to date fee information. In addition, this site has information on what to do while you wait for your green card application.
By following the I 485 form instructions and submitting all the required evidence and supporting documentation at the time of the Form I-485 filing, EB-5 investors may avoid receiving a Request for Evidence (“RFE”) from USCIS.
Tips to prevent receiving an RFE include:
For more information about the I-526E Form and the EB-5 Immigrant Investor Program, consider consulting the following resources:
ATLANTA (April 2025) – Peachtree Group (“Peachtree”) has successfully secured U.S. Citizenship and Immigration Services (“USCIS”) approval for four regional centers: Peachtree South Regional Center, Peachtree Northeast Regional Center, Peachtree Midwest Regional Center and Peachtree West Regional Center. These approvals allow Peachtree to independently structure and sponsor EB-5 projects within the designated territories, streamlining the investment process and enhancing efficiency in bringing deals to market.
The approved regional centers cover the continental U.S., giving Peachtree a national footprint to expand its EB-5 program. With these approvals, the firm plans to scale its EB-5 efforts, increase deal volume and seamlessly integrate EB-5 capital into its broader investment strategy.
Peachtree launched its EB-5 program in 2023 with the appointment of Adam Greene as executive vice president. Since then, the program has received three I-956F approvals for hotel developments, including Home2 Suites by Hilton in Boone, N.C.; TownePlace Suites by Marriott in Palmdale, CA.; and SpringHill Suites by Marriott in Bryce Canyon City, Utah.
The Regional Center approvals, granted by USCIS, represents a critical milestone in facilitating EB-5 investment opportunities. Previously, Peachtree relied on third-party regional centers, which added complexity and extended processing times. Now, with its own approved regional centers, the firm can directly manage and file EB-5 investments, significantly reducing timelines and enhancing control over its platform.
“These approvals mark a major milestone for Peachtree, solidifying our ability to independently execute EB-5 transactions and accelerate our investment initiatives,” Greene said. “With this expanded capacity, we can efficiently sponsor and structure projects, further driving economic development and job creation across the country.”
Peachtree has built a strong reputation in commercial real estate investment, and the newly established regional centers align with its long-term vision of diversifying and optimizing its capital sources.
"Implementing an EB-5 program is an excellent way to access low-cost capital, diversify our funding sources and invest in job-creating projects across the country," said Greg Friedman, Peachtree's CEO and managing principal.
The EB-5 visa program allows foreign investors to 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 10 full-time jobs for U.S. workers are eligible to apply for permanent residency in the U.S.
"Looking ahead, we are committed to expanding our EB-5 footprint by increasing the number of qualifying projects and deepening our engagement with EB-5 investors. With a proven investment track record, national reach and execution expertise, Peachtree is well-positioned to leverage these approvals and solidify its leadership in the EB-5 investment sector," Greene added.
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ATLANTA (April 28, 2024) – Peachtree Group("Peachtree") has received its I-956F approval from U.S. Citizenship and Immigration Services (USCIS), the government agency that oversees the EB-5 Immigrant Investor Program, for the currently under construction SpringHill Suites by Marriott in Bryce Canyon, Utah.
The I-956F approval, granted by USCIS, marks a crucial step in Peachtree’s ongoing efforts to facilitate investment opportunities through the EB-5 program, which is designed to promote economic growth and job creation in the U.S.
“Securing USCIS approval for this project marks an important milestone,” said Adam Greene, executive vice president of EB-5 at Peachtree. “It highlights our continued focus on structuring and originating capital for high-quality developments that generate economic impact and long-term value for investors and communities.”
Peachtree originated $16.95 million in floating-rate construction financing over a three-year term for the development of a 127-room SpringHill Suites in Bryce Canyon, Utah. The hotel will be located about 10 minutes from Bryce Canyon National Park, one of the most iconic natural attractions in the United States. Known for its dramatic geological formations, the park draws more than 2 million visitors annually. The hotel is expected to be completed by mid-2025.
This is the third hotel development for which Peachtree has received I-956F approval, having previously secured it for its Home2 Suites by Hilton development in Boone, N.C.,and TownePlace Suites by Marriott in Palmdale, Calif.
“With strong travel demand, limited new supply and favorable market tail winds, well-located, newly developed assets are positioned to out perform their competitive set,” said Greene. “Construction is already underway, reducing project risk, and the firm has retained an equity stake aligned with our EB-5 investors — reinforcing our commitment and directly tying our success to theirs.”
Peachtree launched its EB-5 program in 2023 as a key financing tool to support job-creating projects nationwide. The firm remains committed to delivering high-quality investment and development opportunities through its expanding portfolio of EB-5 projects.
The EB-5 visa program allows foreign investors to 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 10 full-time jobs for U.S. workers are eligible to apply for permanent residency.
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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.
