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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.
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)
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.
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)
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, 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.
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
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.
The more thorough your initial petition, the better chance of avoiding or minimizing RFEs.
Make it easy for USCIS to locate and review the requested information.
Calendar the 87-day deadline immediately and plan to submit well before it.
Maintain detailed records of when and how you submitted your response.
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.
ATLANTA (April 2025) – Peachtree Group (“Peachtree”) has successfully secured U.S. Citizenship and Immigration Services (“USCIS”) approval for four regional centers: Peachtree South Regional Center, Peachtree Northeast Regional Center, Peachtree Midwest Regional Center and Peachtree West Regional Center. These approvals allow Peachtree to independently structure and sponsor EB-5 projects within the designated territories, streamlining the investment process and enhancing efficiency in bringing deals to market.
The approved regional centers cover the continental U.S., giving Peachtree a national footprint to expand its EB-5 program. With these approvals, the firm plans to scale its EB-5 efforts, increase deal volume and seamlessly integrate EB-5 capital into its broader investment strategy.
Peachtree launched its EB-5 program in 2023 with the appointment of Adam Greene as executive vice president. Since then, the program has received three I-956F approvals for hotel developments, including Home2 Suites by Hilton in Boone, N.C.; TownePlace Suites by Marriott in Palmdale, CA.; and SpringHill Suites by Marriott in Bryce Canyon City, Utah.
The Regional Center approvals, granted by USCIS, represents a critical milestone in facilitating EB-5 investment opportunities. Previously, Peachtree relied on third-party regional centers, which added complexity and extended processing times. Now, with its own approved regional centers, the firm can directly manage and file EB-5 investments, significantly reducing timelines and enhancing control over its platform.
“These approvals mark a major milestone for Peachtree, solidifying our ability to independently execute EB-5 transactions and accelerate our investment initiatives,” Greene said. “With this expanded capacity, we can efficiently sponsor and structure projects, further driving economic development and job creation across the country.”
Peachtree has built a strong reputation in commercial real estate investment, and the newly established regional centers align with its long-term vision of diversifying and optimizing its capital sources.
"Implementing an EB-5 program is an excellent way to access low-cost capital, diversify our funding sources and invest in job-creating projects across the country," said Greg Friedman, Peachtree's CEO and managing principal.
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 U.S. 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 in the U.S.
"Looking ahead, we are committed to expanding our EB-5 footprint by increasing the number of qualifying projects and deepening our engagement with EB-5 investors. With a proven investment track record, national reach and execution expertise, Peachtree is well-positioned to leverage these approvals and solidify its leadership in the EB-5 investment sector," Greene added.
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ATLANTA (April 28, 2025) – 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 currently under construction SpringHill Suites by Marriott in Bryce Canyon, Utah.
The I-956F approval, granted by USCIS, 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 U.S.
“Securing USCIS approval for this project marks an important milestone,” said Adam Greene, executive vice president of EB-5 at Peachtree. “It highlights our continued focus on structuring and originating capital for high-quality developments that generate economic impact and long-term value for investors and communities.”
Peachtree originated $16.95 million in floating-rate construction financing over a three-year term for the development of a 127-room SpringHill Suites in Bryce Canyon, Utah. The hotel will be located about 10 minutes from Bryce Canyon National Park, one of the most iconic natural attractions in the United States. Known for its dramatic geological formations, the park draws more than 2 million visitors annually. The hotel is expected to be completed by mid-2025.
This is the third hotel development for which Peachtree has received I-956F approval, having previously secured it for its Home2 Suites by Hilton development in Boone, N.C.,and TownePlace Suites by Marriott in Palmdale, Calif.
“With strong travel demand, limited new supply and favorable market tail winds, well-located, newly developed assets are positioned to out perform their competitive set,” said Greene. “Construction is already underway, reducing project risk, and the firm has retained an equity stake aligned with our EB-5 investors — reinforcing our commitment and directly tying our success to theirs.”
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 U.S. 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.
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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.
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.
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.
