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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.
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:
Receiving an RFE can actually be positive news for two key reasons:
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.
RFEs can vary widely in their substance and complexity. Some common scenarios include:
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.
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.
Unlike initial petition filings, USCIS does not issue a receipt notice for RFE responses. To confirm receipt:
After submitting your RFE response, several outcomes are possible:
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.
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.
ATLANTA – 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 Scoundrel, a Tribute Portfolio by Marriott hotel currently under construction in Gatlinburg, Tenn.
The I-956F approval 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 United States.
“Receiving USCIS approval for The Scoundrel represents another key milestone for our EB-5 platform,” said Adam Greene, executive vice president of EB-5 at Peachtree. “It reflects our commitment to structuring investments that create meaningful economic impact, support job growth and deliver lasting value for our investors and the communities we serve.”
Peachtree engaged an independent third-party to conduct a jobs study, which determined the development is expected to create 842 eligible jobs for EB-5 purposes, 1.68 times the 500 jobs required under the estimated investment amount, under scoring the project’s significant economic contribution to the region.
“Peachtree’s participation in the EB-5 program underscores our entrepreneurial grit and commitment to advancing initiatives that create a flywheel effect across our lending platform,” said Greg Friedman, managing principal and CEO of Peachtree. “We’ve helped institutionalize these investments within a program that drives economic growth and expands opportunities for meaningful, job-creating immigration.”
Peachtree originated $40 million in floating-rate construction financing over a four-year term for the development of The Scoundrel. The 133-room hotel will be ideally situated on one of Gatlinburg’s main commercial corridors, adjacent to the Gatlinburg Convention Center and steps from premier dining, shopping and entertainment. Located on the northwestern edge of the Great Smoky Mountains National Park, the most visited national park in the United States, the property offers convenient access to a region that attracts millions of visitors each year.
The hotel is expected to be completed by mid-2027.
This is the fourth hotel development for which Peachtree has received I-956F approval,having previously secured it for its SpringHill Suites by Marriott in Bryce Canyon, Utah; Home2 Suites by Hilton in Boone, N.C.; and TownePlace Suites by Marriott in Palmdale, Calif. Peachtree also received I-956F approval for its loan for the construction of a multi-family apartment project in Bradenton, Fla.
“With its proximity to the Great Smoky Mountains National Park, Gatlinburg is one of the most supply-constrained markets in the country,” said Greene. “High barriers to entry, including strict height and density limits and scarce developable land, make new construction rare. That dynamic, combined with sustained demand from millions of annual visitors, positions well-located, newly built hotels to significantly outperform the broader market.”
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 United States. 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.
At a recent panel discussion at the IIUSA East Asia Conference titled “The Impact of President Trump’s Immigration Policies on the EB-5 Regional Center Program,” Adam Greene, Executive Vice President of EB-5 at Peachtree Group, offered a clear and reassuring perspective for investors and industry professionals navigating the evolving U.S. immigration environment.
Greene, who also serves as Secretary and Treasurer of IIUSA, began by emphasizing Peachtree’s track record as a leading private equity real estate firm with a history of over $12 billion in transactions and 800 investments across the U.S. He noted that Peachtree entered the EB-5 market to bring institutional discipline, transparency, and security to investors—focusing exclusively on senior secured debt positions that prioritize capital protection while driving U.S. job creation.
Discussing the Trump Administration’s new “Gold Card” program, Greene reminded the audience that it remains an idea, not an implemented program. “The Gold Card doesn’t exist today,” he said, explaining that even if enacted, it would need to operate within the framework of existing U.S. immigration laws. Importantly for EB-5, those laws require investment in a for-profit enterprise that creates American jobs—making it unlikely the Gold Card could directly substitute or compete with EB-5. “EB-5 exists today and is backed by established law,” Greene added. “The Gold Card does not.”
Greene positioned EB-5 as the form of legal immigration that fits squarely within the Trump Administration’s priorities. “EB-5 is exactly the kind of immigration that makes sense in the ‘America First’ world—it’s legal, it’s job-creating, and it’s self-funding,” he explained. With the perception that illegal immigration is increasingly under control, he said the political focus is turning toward immigration that strengthens the U.S. economy.
He also highlighted IIUSA’s ongoing advocacy in Washington, D.C., which has helped lawmakers better understand EB-5’s impact on American job creation and development. “When we meet with congressional offices now, they no longer ask, ‘What is EB-5?’” Greene said. “They know it’s a program that works and creates results.”
In closing, Greene urged agents and investors alike to focus on working with credible partners who combine experience with integrity. “Track record matters,” he said. “What ultimately protects investors are good people and sound structures.”
As immigration policy evolves, Greene’s message was consistent and confident: EB-5 remains a proven, law-backed path to U.S. residency that continues to deliver value for investors and communities alike.
The new Trump Gold Card program was implemented by White House Executive Order (the ”EO”) on Friday, September 19, and further publicized on the Trump Card website (www.trumpcard.gov) after several months of preparation.
The Gold program offers a pathway to U.S. residency distinct from the EB-5 visa. Instead of requiring investment in a job-creating project which applicants can receive back within a few years, individuals can qualify by making a $1 million contribution (or $2 million if sponsored by a company), which they never get back.
Unlike EB-5, which is tied to new job creation and regional center investments, the Gold Card is tied to existing EB-1 or EB-2 categories, which also have quota limits like EB-5, and have existing backlogs. The Gold Card does not provide favorable tax treatment, and applicants must pay an additional processing fee and undergo extra vetting. It is also unclear whether derivative family members are included under a single $1 million contribution or if each must contribute separately.
The bottom line: people considering immigrating to the U.S. based on the EB-5 immigrant investor visa should apply now.
Trump's executive order requires the government to implement the Gold Card within 90 days of publication, so by December 18, 2025. While the EO includes an obscure mention that the government will “Consider expanding the Gold Card program to visa applicants under EB-5", it remains unclear how this could happen by executive order rather than by passage of legislation by Congress. Current law provides that any EB-5 petitioner submitting their petition before September 30, 2026 will be adjudicated under existing rules.
The most conservative approach for those considering EB-5 would be to apply before the December 18, 2025 deadline for Gold Card implementation.
The Trump Card website also refers to a Platinum card as “coming soon”, which would require a $5 million contribution, and offer recipients exemption from US income taxes on non-U.S. income and allow recipients to spend up to 270 days in the US. Note that the Platinum Card has not yet been implemented.
If you are considering the EB-5 immigration by investment visa, Contact Peachtree Group to learn more about the process.
