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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.
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)
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
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
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.
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
- 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.
- 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
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 .
The EB-5 Immigrant Investor Program’s intent is to stimulate economic growth and job creation in the United States by attracting foreign investment into various regions within the United States that are in need of economic stimulus and job creation.
To be eligible for permanent residency via the EB-5 Program, a foreign investor must invest a minimum of $1,050,000. This minimum investment can be reduced to $800,000 should the foreign investor invest in a Targeted Employment Area (TEA).
In this article we will:
A TEA is a designation created by the U.S. Congress and enforced by the U.S. Citizenship and Immigration Services (USCIS) to attract investment in areas that experience high unemployment rates or in rural areas. Therefore, there are two types of TEAs; Rural Areas and High Unemployment Areas. TEAs must have at least an unemployment rate of 150% of the national average.
The EB-5 Reform an Integrity Act of 2022 (RIA) brought forward visa set-aside categories or also known as reserved visas. There is a set aside of 32% of all EB-5 Visas. It created an annual set-aside of 10% of all the EB-5 visas for investments made in high-unemployment TEAs and an annual set-aside of 20% of all the EB-5 visas for investments made in rural TEAs. These set-asides offer post-RIA investors a potentially immediately available visa upon I-526Eapproval, even if they are from a backlogged country and offer an investment minimum of $800,000.
For an area to qualify as a high-unemployment TEA, an area must have an unemployment rate of at least 150% of the national U.S. average unemployment rate.
High-unemployment TEAs can now only include the census tract of the investment project and directly adjacent census tracts. This new definition was established by the EB-5 Reform and Integrity Act of 2022 (RIA). TEA designations are granted by The U.S. Citizenship and Immigration Services. High-unemployment designation is valid for two years and can be renewed in two-year increments.
The set-asides offer post-RIA investors a potentially immediately available visa upon I-526E or I-526 approval, even if they are from a backlogged country.
A Rural TEA is an area that is outside of a metropolitan statistical area and beyond the outer boundary of a city or town with a population of 20,000 inhabitants or more. Rural TEAs encourage EB5 rural investment in rural areas that have a need for economic development and job creation.
Rural EB-5 petitioners are eligible for priority processing, although the exact timeline for processing is not yet defined by USCIS. The EB-5 Reform and Integrity Act of 2022 established an annual set-aside of 20% of all EB-5 visas for investments made in rural TEAs. This set-aside offers post-RIA investors a potentially immediately available visa upon I-526Eapproval, even if they are from a backlogged country. Additionally, rural EB-5petitions may receive priority processing, which is an average of a 12-monthprocessing time.
A targeted employment area list can be found by using a TEA mapping tool. Invest in the USA (IIUSA), the EB-5 industry’s trade organization provides an interactive TEA mapping tool found here: https://iiusa.org/resources-data/targeted-employment-areas/. One can access the TEA map and review in-depth data about each census track. The map is updated annually with labor data released by the U.S. Bureau of Labor Statistics by county.
The EB-5 investment amount in a Rural or High Unemployment Area TEA or Infrastructure project is reduced to $800,000 from $1,050,000 based on geographic and unemployment data issued by the U.S. Bureau of Labor Statistics.
In addition to targeted employment areas, infrastructure projects also have a visa set-aside of 2% of the total EB-5 visas, and they are treated similarly to TEA EB5 projects in terms of the required investment amount.
The EB-5 Reform and Integrity Act of 2022 defines between "targeted employment areas” and “infrastructure” projects; however, infrastructure projects are treated similarly to TEA projects as they have the same investment amount of $800,000 and also have a visa set-aside of 2% of the total EB-5 visas.
Peachtree Group projects are in Targeted Employment Areas. Current projects include:
Here’s how you can begin your journey to U.S. residency with an EB-5 investment, guided every step of the way by Peachtree Group's expertise and dedication to simplicity, transparency, and success. Learn more about The Peachtree Advantage.
Start by visiting our website where you can learn more about our specific EB-5 investment opportunities.
We designed our site to be user-friendly and simple.
Take a moment to fill out the contact form on our website.
When we’ve got your information, one of our investor relations managers will reach out to you.
Many foreign investors have considered investing overseas to achieve portfolio diversification. Investing in US commercial real estate funds can be a particularly attractive option. In addition to shifting some assets to stable, US dollar-denominated assets, a portfolio of commercial real estate assets should provide less volatile returns than a single residential home or single asset commercial real estate transactions.
Investing in commercial real estate debt involves providing loans to property owners or developers. This strategy brings forth several key benefits:
The Appeal of Equity Investments involves owning a stake in the property itself. Here are the notable advantages of equity investments:
A savvy investor can further optimize their portfolio by diversifying across both debt and equity investments in commercial real estate. This hybrid approach balances stable income from debt investments with the potential for higher returns from equity investments. It is particularly appealing in times of economic uncertainty, providing a hedge against market volatility and multiple avenues for wealth generation.
Private equity real estate funds in the United States provide an opportunity for investors to diversify in two ways. First, by diversifying away from ordinary, publicly traded debt and equity securities, investors can earn returns that are uncorrelated to the broader stock market. Second, by investing in a fund with professional management, investors can earn returns that are less volatile than single asset investing while benefiting from the expertise and experience of the management team.
When looking to invest with a fund manager, consider the track record of the fund as a whole, and the experience of the individual executives on the team. In your due diligence, understand the investment process of the manager: how do they identify, underwrite, close, and administer individual transactions? Do they have a meaningful focus based on their experience? Have they established a successful track record?
Answering these questions will get you on the path to finding a reputable fund manager motivated to protect and grow your investment. It’s not easy to invest overseas, but with the right knowledge and partner, it can be a very rewarding experience.
About Peachtree Group
Peachtree Group is an investment firm driving growth with a diverse portfolio of commercial real estate assets and other ventures, with a specialty in hospitality. We’ve executed hundreds of investments since inception with a focus on real estate acquisition, development, and lending. Today, we manage billions in equity, augmented by services designed to protect, support, and grow your investment.
Peachtree Group has an EB-5 visa by investment program which allows foreign nationals the opportunity to attain permanent residency in the United States. The EB-5 visa program allows you to invest in job creating projects in the U.S. creating a path to a green card for you and your family. The minimum investment is $1,050,000. However, investment in Targeted Employment Areas reduces the minimum cost to $800,000. Learn more about the EB-5 visa by investment program.
The EB-5 Visa program is a pathway for foreign investors seeking permanent residency in the United States. The EB-5 Regional Center Program stands out because it pools investments in specific geographic areas, stimulating economic growth and job creation.
To improve the administration of the Regional Center Program, on February 5, 2024, a bipartisan group of four US Congressmen introduced the EB-5 Regional Center Program Advisory Committee Authorization Act. Adam Greene, EVP EB-5 for Peachtree Group was in Washington D.C. recently meeting with congressional staffers as part of the IIUSA quarterly fly-in. It was a hectic day meeting and discussing EB-5 with 18 Congressional offices. Here is what the IIUSA delegation explained to the staffers:
The EB-5 Regional Center Program Advisory Committee Authorization Act, which is supported by IIUSA, would establish an advisory committee inside U.S. Citizenship and Immigration Services (USCIS) to communicate, coordinate, and advise USCIS on administering the Regional Center Program.
The purpose of the Act is to establish an advisory committee to communicate, coordinate, and advise USCIS on administering the Regional CetnerProgram.
The EB-5 Regional Center Program Advisory Committee Authorization Act will help EB-5 investors navigate the complex landscape of the EB-5 Program in the United States. As an officer of IIUSA and a member of the Public Policy committee, Peachtree’s Adam Greene is able to participate in discussions with policymakers as they refine the details of this legislation. EB-5 investors can look forward to potential enhancements that will strengthen their confidence in the program and pave the way for successful outcomes.
For more information on the EB-5 Visa Program or Peachtree Group’s offerings, Contact Us.
About Peachtree Group
Peachtree Group is an investment firm driving growth with a diverse portfolio of commercial real estate assets and other ventures, with a specialty in hospitality. We’ve executed hundreds of investments since inception with a focus on real estate acquisition, development, and lending. Today, we manage billions in equity, augmented by services designed to protect, support, and grow your investment.
