The EB-5 process is a multi-year journey from investment to permanent residency. Under the RIA (Reform and Integrity Act of 2022), the process has been optimized with Concurrent Filing, allowing qualifying applicants to live and work in the US while their petition is pending.
Phase 1: Investment & Strategy (Months 0-3)
Before a single form is filed, the financial and legal groundwork must be laid.
1. Project Selection & Capital Commitment The investor selects a Qualifying Project. Behring specializes in High Unemployment and Infrastructure projects, which qualify for the reduced investment amount and priority processing.
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Minimum Investment: $800,000.
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Funding Flexibility: Behring allows Partial Capital Contributions. You can file your petition with a partial payment to lock in your Priority Date and fund the balance over time, depending on project needs and USCIS filing requirements.
2. Source of Funds (SOF) You must prove your capital comes from lawful sources (property sale, gifts, income).
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Strategy: If you are on an H-1B or L-1 visa, which are “dual intent” visas, you may transition funds from US earnings. In some cases, you can adjust your status from other visas as well.
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Resource: H-1B to EB-5 Transition Strategy
Phase 2: Filing & Early Benefits (Month 3 – Approval)
This is where the “Concurrent Filing” advantage comes into play.
3. Filing Form I-526E (The Immigrant Petition) This form proves to USCIS that you have invested in a compliant Regional Center project.
4. Concurrent Filing (The “Game Changer”) If you are physically in the US (e.g., on an H-1B, F-1, or another qualifying visa), you can file Form I-485 (Adjustment of Status) simultaneously with your I-526E.
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Benefit 1: You get an EAD (Employment Authorization Document) in ~3-6 months.
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Benefit 2: You get Advance Parole for international travel.
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Benefit 3: You enter a period of “Authorized Stay,” protecting you even if your original visa (like an H-1B) expires. Consult with your immigration attorney on specific visa decisions.
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Deep Dive: Benefits of Concurrent Filing
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Video: Concurrent Filing Explained
Concurrent filing is the most valuable feature for investors already residing in the US on student or work visas.
Phase 3: The “Wait” & Job Creation (Years 2-5)
While USCIS processes your application, Behring is at work.
5. Job Creation Compliance During this period, Behring uses your capital to build the project. We must create 10 full-time jobs per investor.
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Our Advantage: As a Regional Center, we count Direct, Indirect, and Induced jobs (economic impact), making it mathematically safer than doing it yourself.
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Verification: We use Construction Completion Guarantees to ensure the jobs are created regardless of market conditions.
6. Conditional Green Card Approval Once the I-526E is approved, you can then receive a 2-Year Conditional Green Card. You are a lawful permanent resident when the I-485 is approved, or if overseas, when you enter through consular processing.
Phase 4: The Finish Line
Turning the “Conditional” Green Card into a “Permanent” one.
7. Filing Form I-829 (Removal of Conditions) In the final 90 days of your 2-year conditional residency, we help you file Form I-829.
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The Test: Did we create the 10 jobs? Did you keep your money invested?
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Status: While this is pending, your Green Card is automatically extended (often for 48 months) so you never lose status.
8. Citizenship (Naturalization) You can apply for US Citizenship 5 years after receiving your initial Conditional Green Card.
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Pro Tip: You can apply for citizenship while your I-829 is still pending, but that form must be approved to be Naturalized as a U.S. Citizen.
Technical Glossary
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Concurrent Filing: Filing I-526E and I-485 together to get work permits early.
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Priority Date: The date USCIS receives your petition; determines your place in the visa line (critical for India/China backlog).
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Sustainment Period: The timeframe capital must remain “at risk” (typically 2 years under RIA).