Navigating the immigration process can be overwhelming, especially for international students and professionals looking to secure their future in the United States. Lance Lee, the Director of Asia-Pacific EB-5 for Peachtree Group, shares his personal journey of coming to the U.S. as an international student, facing the challenges of obtaining a green card, and ultimately using the EB-5 program to secure his future. This is his story of perseverance, career transformation, and the profound impact that obtaining U.S. citizenship has had on his life and family.

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Lance Lee's EB-5 Journey: From Student to U.S. Citizen

Lance Lee’s immigration journey began in 2008 when he arrived in the U.S. as an international student, facing the challenges of securing a job during a tough economic time. With his work visa options limited, Lance’s parents urged him to consider how long it might take to obtain a green card, and the answer wasn’t promising. Many of his friends faced decade-long waits for permanent residency. It was his mother’s practical advice “Time is money” that led him to explore alternatives. In 2011, Lance invested in the EB-5 Immigrant Investor Program, and just eight and a half months later, he received his green card. By 2015, his investment was returned, and he had successfully built his American family, becoming a U.S. citizen with two children born in the U.S.

Learn More About EB-5

Lance’s decision to apply for an EB-5 visa instead of relying on traditional student and H1-B work visas was fueled by the realities of the long wait for green cards, especially for applicants from China and India. After graduating in 2010, Lance was left with the daunting prospect of being tied to one employer for years under the H1-B system while waiting for a green card. The EB-5 program provided a faster and more secure path to permanent residency, allowing Lance the freedom to pursue a career that matched his passions, without the restrictions of a work visa.

One of the key reasons Lance turned to EB-5 was the limitations of H1-B visas, which often left workers vulnerable to sudden job loss. He shared stories of friends who, while traveling abroad, were caught off guard by emails informing them of their layoff, leaving them with just 60 days to find a new job or face losing their visa status. With EB-5, Lance was able to bypass these concerns, enabling him to make career decisions with confidence and travel freely without the constant anxiety that comes with the limitations of temporary work visas.

Lance’s journey also taught him valuable lessons about the EB-5 process, and he offers key tips for prospective investors. He emphasizes the importance of partnering with a reputable immigration attorney and recommends visiting the regional center before investing, to establish trust and gain a better understanding of the project. He breaks the EB-5 process into three stages: obtaining a temporary green card, securing the permanent green card, and finally receiving the investment back. For each stage, Lance stresses the importance of being patient and informed, ensuring that the investment meets job creation requirements and understanding how to eventually retrieve the invested funds.

Looking back, Lance reflects on the significant impact the EB-5 program has had on his life and his family’s future. Living in Kuala Lumpur, Lance and his family enjoy the flexibility of being U.S. citizens while gaining valuable cultural exposure in Asia. His children have had the opportunity to travel and learn from different cultures—experiences that wouldn’t have been possible if he had been stuck in a decade-long wait for a green card. Lance’s journey highlights the freedom that comes with making timely decisions and choosing the right path for both personal and professional growth. “Time is money,” he concludes, echoing his mother’s wisdom, as his decision to pursue the EB-5 program allowed him to shape the life he and his family now enjoy.

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Additional Resources:

• EB-5 Visa Types Explained
• From F-1 Student Visa to Green Card: Understanding the EB-5 Alternative
• Converting Your H-1B Visa to an EB-5 Visa: Your Path to Permanent Residency
• Concurrent Filing for EB-5 Investors

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Interested in an EB-5 Visa? For More Information, Visit Us Online → peachtreegroup.com/eb-5

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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.

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-5program. 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 ConcurrentFiling

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

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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.

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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)

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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.

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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)

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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.

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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, there view might be quick. However, if it involves complex questions about the source of funds or foreign earnings, the review process may take longer.

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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

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What Happens After You Respond?

After submitting your RFE response, several outcomes are possible:

·        Approval of your petition

·        2 Another RFE if new questions arise

·        A Notice of Intent to Deny (NOID) if USCIS is unsatisfied withyour 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.

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Tips for Success

1. Submit Complete Documentation Initially

  The more thorough your initial petition, the better chance of avoiding or minimizing RFEs.

2. Organize Your Response Carefully

  Make it easy for USCIS to locate and review the requested information.

3. Meet All Deadlines

  Calendar the 87-day deadline immediately and plan to submit well before it.

4. Keep Proof of Submission

  Maintain detailed records of when and how you submitted your response.

Taking the Next Step

While receiving a 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.

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