Using a Loan to Fund Your EB-5 Investment

‍

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.

EB-5 Concurrent Filing: What It Means for Investors

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-5 program. So, how does the process work?

‍

The Concurrent Filing Process

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.

Step 1: File Your I-526 Form

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.

Step 2: Apply for the Current I-485 Form Simultaneously

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.

Step 3: Apply for EAD and Advance Parole

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.

The Benefits of EB-5 Concurrent 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:

1. You can remain in the U.S. while awaiting approval: Before 2022, EB-5 investors had to maintain valid nonimmigrant visa status or risk leaving the U.S. during the lengthy green card process. Concurrent filing eliminates this challenge by allowing investors to remain in the country legally while their adjustment of status application is under review.
2. Concurrent filing potential reduces waiting times: Concurrent filing means investors can start the adjustment process immediately, rather than waiting for the approval of their I-526E form. For individuals from countries without visa backlogs, this can mean a faster route to obtaining permanent residency.
3. A streamlined path to permanent residency: Investors can enjoy more peace of mind during the process, as they can maintain their lives and careers in the U.S. without disruption.

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.

FAQs

What does concurrent filing mean?

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.

‍

‍

‍

Understanding Your EB-5 Request for Evidence (RFE)

Learn what an RFE means for your EB-5 petition and how to respond effectively.

If you've recently submitted your EB-5 petition and received a Request for Evidence (RFE), you're not alone. In fact, according to immigration experts, it would be unusual for a petition to be approved without receiving a single RFE. Let's break down what this means for your EB-5 journey and how to handle it effectively.

What is a Request for Evidence?

Put simply, an RFE is just a question. When USCIS reviews your petition, they may need additional information or clarification about certain aspects of your submission. This request for initial evidence, or RFE, is their way of asking those questions and gathering the information they need to decide on your case.

RFEs are issued for various types of immigration petitions, including:

• Regional center designation applications
• Project petitions (Form I-956F)
• Individual investor petitions (Form I-526-E)

Is an RFE a Good Sign?

Receiving an RFE can actually be positive news for two key reasons:

• It means USCIS has actively reviewed your petition
• The process is moving forward

While the substance of the RFE will ultimately determine whether it presents any serious concerns, the mere fact that you've received one indicates your case is being processed. This forward movement is generally good news for petitioners.

Common Types of RFEs

RFEs can vary widely in their substance and complexity. Some common scenarios include:

• Simple documentation requests where USCIS may have trouble locating specific evidence within your submitted materials
• Questions about connecting different parts of your petition and exhibits
• Requests for clarification about your background (for individual investor petitions)
• Inquiries about project documentation (for regional center petitions)

Response Timeframes and Deadlines

When you receive an RFE, you have exactly 87 calendar days from the date of issuance to submit your response. This is a strict deadline, and it's crucial to ensure your response is received by USCIS before the 87th day.

How Long Does USCIS Take to Respond to an RFE?

There is no prescribed timeline for USCIS to review and adjudicate your RFE response. Processing times can vary significantly. Some petitions are approved within a week of submitting the RFE response, while others may take considerably longer, especially for complex cases.

The timeline often depends on the nature of the questions asked. For instance, if the RFE simply requests proof of a biometrics appointment, the review might be quick. However, if it involves complex questions about the source of funds or foreign earnings, the review process may take longer.

How Do I Know if USCIS Received My RFE Response?

Unlike initial petition filings, USCIS does not issue a receipt notice for RFE responses. To confirm receipt:

• Keep proof of delivery from your shipping service (FedEx, UPS, or USPS)
• Track your package using the courier's tracking system
• Maintain copies of all submitted documentation

What Happens After You Respond?

After submitting your RFE response, several outcomes are possible:

• Approval of your petition
• Another RFE if new questions arise
• A Notice of Intent to Deny (NOID) if USCIS is unsatisfied with your response

If you receive a NOID, you'll have a shorter timeframe to respond and provide evidence that addresses USCIS's concerns. Failure to respond by the deadline will result in petition denial.

Tips for Success

• Submit Complete Documentation Initially
  The more thorough your initial petition, the better chance of avoiding or minimizing RFEs.
• Organize Your Response Carefully
  Make it easy for USCIS to locate and review the requested information.
• Meet All Deadlines
  Calendar the 87-day deadline immediately and plan to submit well before it.
• Keep Proof of Submission
  Maintain detailed records of when and how you submitted your response.

Taking the Next Step

While receiving an RFE might feel daunting, remember that it's a normal part of the EB-5 process. The key is to respond thoroughly and promptly while understanding that this step means your petition is actively being reviewed. Working with experienced immigration professionals can help ensure you provide USCIS with exactly what they need to move your case forward successfully.

Given the complexity of immigration law and investment requirements, it's wise to work with qualified immigration attorneys and investment advisors who can guide you through the process and ensure you meet all program requirements. They can help you understand the nuances of your specific situation and maximize your chances of success.

The EB-5 team at Peachtree Group has more than 40 years of industry experience in EB-5. Have questions about EB-5, visit our website or contact us for more information.

‍

‍

Understanding Advance Parole and Form I-131 for EB-5 Investors: Your Complete Guide

For EB-5 investors navigating the complex path to U.S. permanent residency, maintaining travel flexibility while awaiting visa approval can be crucial. Advance parole, obtained through Form I-131, provides this essential freedom of movement. Let's explore what this means for you and how it can protect your immigration journey.

What is Advance Parole?

Advance parole is a travel document that allows certain individuals to re-enter the United States after traveling abroad without jeopardizing their pending immigration applications. For EB-5 investors and petitioners, this document is particularly valuable during two critical periods:

1. While awaiting adjustment of status approval

2. After receiving permanent residency (green card)

When Do EB-5 Investors Need Advance Parole?

During Adjustment of Status

If you are an EB-5 investor currently in the United States on a non-immigrant visa and have filed for adjustment of status through concurrent filing, advance parole becomes your travel lifeline. Here's why:

• Without advance parole, leaving the U.S. during your pending adjustment of status could be considered abandonment of your application
• The document allows you to travel internationally while maintaining your adjustment application
• You can return to the U.S. using your advance parole document instead of requiring another visa

‍

After Receiving Your Green Card 

Even after becoming a permanent resident, there may be situations where advance parole proves beneficial:

• When you need to spend extended periods outside the U.S.
• If you're managing business transitions in your home country
• During family emergencies requiring prolonged stays abroad
• When children need to complete their academic year in your home country

I-131 Processing Times and Validity

According to USCIS, Form I-31 processing times vary by application type and service center. For the most current processing times, applicants should check the USCIS processing times page and select their specific application type and service center. The advance parole document is typically valid for up to one year, but actual validity periods may vary based on individual circumstances.

Important Considerations for EB-5 Investors 

Before applying for advance parole, keep these crucial points in mind: 

1. Consult with an immigration attorney before traveling, especially if your EB-5 petition might be approved while you're abroad

2. Maintain valid documentation of your intent to reside permanently in the U.S.

3. Understand that advance parole doesn't guarantee re-entry; CBP officers still have discretion at ports of entry

4. If you have a pending Form I-485, you must be physically present in the U.S. when filing Form I-131

Concurrent Filing and Advance Parole

Thanks to the EB-5 Reform and Integrity Act of 2022 (RIA),eligible investors can now file for adjustment of status concurrently with their I-526E petition. This means you can:

• Submit your advance parole application along with your adjustment of status
• Begin the process earlier than previously possible
• Potentially reduce overall processing times

However, concurrent filing is only available when visa numbers are current for your country of origin. Currently, this applies to most countries except mainland China and India, which may face cutoff dates in the future.

Best Practices for Advance Parole Applications

To ensure the smoothest possible process:

• Apply well in advance of any planned travel
• Include all required initial evidence with your application
• Pay the correct filing fee as listed on the USCIS website
• Maintain copies of all submitted documentation
• Keep track of your advance parole document's validity period
• Consult with immigration counsel before any extended trips abroad

Ready to take the Next Step?

Advance parole through Form I-131 provides EB-5 investors with crucial travel flexibility during the immigration process. Whether you're awaiting adjustment of status approval or managing your responsibilities as a new permanent resident, understanding and properly utilizing advance parole can help protect your immigration journey while maintaining your ability to travel internationally.

Remember that while advance parole offers significant benefits, it's essential to work with qualified immigration counsel to ensure you're maintaining compliance with all immigration requirements. Your specific situation may have unique considerations that should be carefully evaluated before international travel.

Given the complexity of immigration law and investment requirements, it's wise to work with qualified immigration attorneys and investment advisors who can guide you through the process and ensure you meet all program requirements. They can help you understand the nuances of your specific situation and maximize your chances of success.

The EB-5 team at Peachtree Group has more than 40 years of industry experience in EB-5.  Have questions about EB-5, visit our website or contact us for more information .

‍