Different EB Visas Explained: Which Option May Be Right for You?

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If you are looking to potentially obtain a U.S. green card, you may have more options than you think. While the traditional routes, such as H-1B and F1 visas, are good options, they come with several challenges, including the potential for decades-long wait times. For this reason, you may be interested in exploring employment-based (EB) visas. There are five different types of EB visas, and each comes with its own set of requirements.

 

So, what makes the several EB visa types—from EB1 to EB5—different? The types of EB visas are a cornerstone of the U.S. immigration system, designed to attract skilled professionals, investors, and specialized workers who contribute to the country’s economy and diversity. Primarily to support employment-based immigration, the EB visa program focuses on both immediate labor needs and long-term national interests. Each year, the U.S. government offers about 140,000, split between the five different types.

 

Understanding the different types of EB visas is essential for anyone considering employment or investment-based immigration to the U.S. Because each is tailored to unique groups of individuals, finding the pathway that most aligns with your skills, career, and long-term goals can help ensure a smooth visa process.

 

This is where Peachtree Group comes into play. Our team has spent more than 40 years helping clients potentially obtain green cards through investment. Our experience with the EB5 visa system has seen us manage over $2.0 billion in transactions, helping thousands of investors navigate the complex immigration system to find the right pathway to permanent residency. In this comprehensive guide, we’ll explain the five different EB visa types and why they may be right for you.

 

What Are EB Visas?

Before we go in-depth on each of the five types of EB visas, let’s first discuss the purpose of the EB visa types. These employment-based immigration programs provide a vital way for workers and investors to secure a permanent future in the United States while contributing to its economic growth and global competitiveness. An EB visa allows individuals the chance to leverage their unique qualifications to achieve their immigration goals.

 

For professionals looking to further their careers, the EB 1-4 visa categories can open doors to industries such as healthcare, technology, and academia. For investors, the EB-5 route offers the ability to turn a financial contribution in a U.S. business into permanent residency.

 

So, which path is right for your career and financial aspirations? Here's a quick breakdown of the five EB visa types.

EB-1: Extraordinary Ability, Outstanding Professors, Researchers, and Multinational Executives. 40,000 visas per year.
EB-2: Advanced Degrees or Exceptional Ability. 40,000 visas per year.
EB-3: Skilled Workers or Other Professionals. 40,000 visas per year.
EB-4: Translators and Religious Workers. 10,000 visas per year.
EB-5: Investent-based Immigration. 10,000 visas per year.

The EB1 Visa, Explained

 

The EB-1 visa, often referred to as the “first preference” category in the U.S. employment-based immigration system, is designed for individuals who have achieved exceptional success or possess extraordinary qualifications in their field. This visa category caters to three primary groups:

  • Individuals with extraordinary ability (EB-1A)
  • Outstanding professors or researchers (EB-1B), and
  • Multinational executives or managers (EB-1C).

 

How Is Eligibility Determined?

 

For those looking for an EB-1A visa, they must demonstrate sustained national or international acclaim in their field, such as science, arts, education, business, or athletics. In other words, you have to prove that you’ve risen to the top of your field. Individuals in this category can self-petition, eliminating the need for a job offer.

 

For EB-1B visas, applicants must have at least three years of experience and be recognized internationally for their academic achievements. Additionally, you will need to have a job offer from a U.S. institution to teach or research.

 

Finally, EB-1C visas require that applicants have worked for at least one year within three years as a manager or executive at a top organization. Those who are transferring to a U.S. branch of the organization are eligible for this visa.

 

What Are the Benefits?

 

Compared to other employment-based immigration routes, the EB-1 visa comes with several benefits. One of the biggest is the potential for shorter wait times, as the category is not subject to the same backlogs as an H-1B for example. Your timeline could also be expedited further by EB-1 visas not requiring Department of Labor-issued certifications.

EB-2 Visas: What Makes Them Different?

 

The second preference category is reserved for individuals who bring advanced expertise or exceptional abilities to the U.S., particularly in fields like sciences, healthcare, and technology. It is important to note that in certain cases, those with EB-1 visas could switch to an EB-2. With this said, though, the EB-2 type of EB visa is not for executives or professors.

 

Determining Eligibility

 

Applicants for this type of EB visa must possess an advanced degree, such as a master’s or PhD. Candidates must demonstrate a level of expertise significantly above what is ordinarily encountered in their field. This can be proven through awards, certifications, or membership in professional associations. Additionally, you must be able to provide documentation from your employer(s) that proves at least ten years of experience in your field. A job offer from a U.S. employer is typically required, but there are exceptions.

 

Individuals whose work is deemed to be of substantial benefit to the U.S. can self-petition without needing a job offer. This is done through a National Interest Waiver (NIW). For scientists, entrepreneurs, and other professionals, this type of EB visa is particularly attractive.

 

Benefits of EB-2 Visas

 

For individuals who have strong qualifications in their field, the EB-2 visa offers the advantage of being accessible. Those currently holding an EB-1 visa may consider transferring to an EB-2 if their circumstances change or if they seek a broader eligibility framework. For instance, professionals who no longer meet the "extraordinary ability" threshold could qualify under "exceptional ability" or the advanced degree criteria.

 

The added benefit of the NIW option also helps certain immigrants expedite the process of earning employment-based immigration status. Like the EB-1 visa, the EB-2 can provide a more balanced pathway to permanent residency or full-time U.S. citizenship for highly skilled individuals.

The EB-3 Visa: For Skilled Workers and Professionals

 

So, what is the difference when comparing EB-1 vs. EB-2 vs. EB-3? While the three may sound similar, this EB visa type appeals to those who may not qualify for the higher thresholds of EB-1 or EB-2 but still possess valuable abilities sought by U.S. employers. EB-3 visas offer a broad range of opportunities, as they include skilled workers and professionals and even unskilled workers in industries where demand for jobs is still high.

 

What Makes an Applicant Eligible?

 

Let’s start with skilled workers. In this category, jobs could include computer scientists, journalists, or graphic designers. Applicants must have at least two years of training or experience, which could be satisfied by post-secondary education. On top of this, you must have a full-time offer for a U.S. job and complete a Department of Labor Form ETA-9089 to certify your status.

 

When we consider professionals, the requirements are similar. Candidates must hold at least a U.S. bachelor’s degree (or a foreign equivalent) required for the position. A major difference is that they must also demonstrate that no qualified U.S. workers are available for the specific role.

 

Finally, for “other workers” or unskilled workers, you must demonstrate the ability to perform work for which qualified U.S. workers are unavailable. This typically requires less than two years of training or experience, but it is important to note that wait times could be longer for this group due to bigger backlogs.

Understanding “Skilled vs. Unskilled”

 

The primary difference lies in the job requirements. Skilled workers require specific training or experience, often making their roles more specialized. In contrast, unskilled workers fill essential positions that do not demand formal training, such as roles in agriculture or hospitality.

EB-4: A Path for Those Not Eligible for EB Visas 1-3

 

The final employment-based immigration route for those considering EB visas is the EB-4. This EB visa type is a specialized pathway to permanent residency for individuals who fall into unique employment-based classifications. The fourth preference category provides valuable opportunities for those who may not fit into the three categories of EB-1 vs. EB-2 vs. EB-3 to still take control of their U.S. future.

 

Who Is Eligible?

 

This category supports “special immigrants” who fall into a few different job categories: religious workers, translators, broadcasters, and certain members of the U.S. government or armed forces who currently reside abroad.

 

What Is the Benefit?

 

The EB-4 visa provides an essential pathway for individuals whose roles contribute to the U.S. in non-traditional yet vital ways, such as promoting religious freedom, supporting international diplomacy, or aiding national security.

EB-5: Investment-Based Immigration

 

Unlike the four options above, which are focused on employment-based immigration, EB-5 is centered around investment-based immigration. This type of EB visa is perfect for those who want to combine their entrepreneurial ambitions with the chance to obtain a U.S. green card. Since the program is designed to stimulate economic and job growth in the country, there are a few requirements that investors must meet:

  1. Investment Totals: Applicants must invest a minimum of $1,050,000 over two years in a new commercial enterprise. If the investment is in a targeted employment area (TEA)—a rural area or one with high unemployment—the minimum investment is reduced to $800,000. While the initial price tag may seem high, investors may be able to recoup the full amount depending on the business project they invest in.
  2. Job Creation: Each investor is required to create or preserve at least 10 full-time jobs for qualifying U.S. workers. For example, if you invested in one of Peachtree Group's EB-5 projects, your money would go towards generating and supporting new positions for construction and operations staff.
  3. Background Check: Finally, every EB-5 visa holder must pass a U.S. background check to ensure they have no criminal record.

The Benefits of EB-5 Visas

 

To qualify for this EB visa type, no previous business or educational experience is required. Anybody who meets the investment and job creation requirements can apply. And while conditional residency is granted for the first two years until you prove the value of your investments, you can treat this very much like having a green card. You’ll be able to live, work, or travel anywhere in the U.S.

 

Another big benefit of this type of EB visa is that your immediate spouse and any unmarried children under the age of 21 will be eligible as well. This provides you and your family with direct routes to U.S. green cards. You are also not required to have a full-time job offer or corporate sponsor, giving you more freedom and flexibility throughout your immigration process.

 

At Peachtree Group, our projects help you streamline this process. Our advisors provide expert guidance at every step, helping you through your initial investment and providing all relevant information about our projects and how investors are creating jobs. Plus, our global hotel partners allow you to invest in world-renowned brands such as Marriott, Hilton, and IHG. Want to learn more about how we can help you potentially earn your green card? Visit our website or fill out our contact form and we’ll get back with you right away.

 

Frequently Asked Questions

 

What is the difference between the EB visa types?

There are five different types of EB visas. EB visas 1-4 are employment-based immigration visas, while EB-5offers a route for investment-based immigration.

 

What type of EB visa is right for me?

Choosing the right EB visa type comes down to several factors, including your career, level of education, and job experience. EB-5 visas are available to all who meet certain investment and job creation criteria.

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What is a Targeted Employment Area for EB-5 Investments?

This article establishes what constitutes a Targeted Employment Area (TEA) for the EB-5 visa program. It covers the definition and significance of TEAs, the criteria for designation, and explains how investing in a TEA can benefit EB-5 applicants, including the lower investment threshold. The blog will also guide readers on how to find and verify TEAs, and will include practical examples to help illustrate the benefits and process.

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:

  • Explain what is a Targeted Employment Area (TEA)?
  • The difference between High Unemployment TEA, and Rural TEAs.
  • How to find a Targeted Employment Area.
  • Why the EB-5 investment amount is lower for Targeted Employment Areas.
  • What infrastructure projects have to do with TEAs.

 

What is a Targeted Employment Area (TEA)?

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.

High-Unemployment TEA

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.

Rural TEA

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.

How do I find a targeted employment area?

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.

Why is the EB-5 investment amount lower for targeted employment areas?

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.

Infrastructure Projects

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

Peachtree Group projects are in Targeted Employment Areas. Current projects include:

Taking the Next Steps with Peachtree

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.

Visit Our Website

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.

Pass Along Your Contact Information

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.  

Taking the Next Steps with Peachtree

Begin your journey to U.S. residency with an EB-5 investment. Once your information is received, one of our investor relations managers will reach out to you.

 

 

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What to Know Before Investing in US Real Estate

Investing in US commercial real estate funds can be an attractive option for foreign investors looking to shift assets to stable, US dollar-denominated assets. Before investing, be sure you understand the types of investments and the benefits for each.

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.

 

Benefits of Debt Investments


Investing in commercial real estate debt involves providing loans to property owners or developers. This strategy brings forth several key benefits:

  • Predictable Income: Debt investors typically earn consistent interest income from the loans they provide. This dependable income stream can particularly appeal to income-oriented investors, such as retirees.
  • Lower Risk Profile: Debt investments are considered less risky than equity investments. As a lender, you have a priority claim on the property's income and assets,     reducing exposure to market volatility.
  • Asset-Backed Security: Commercial real estate debt is secured by physical assets, which serve as collateral, providing an added layer of security for investors in the event of default.
  • Steady Cash Flow: Debt investments often have fixed interest rates and regular payment schedules, allowing investors to plan their income with greater certainty.

 

Benefits of Equity Investments


The Appeal of Equity Investments involves owning a stake in the property itself. Here are the notable advantages of equity investments:

  • Potential for Higher Returns: Equity investors benefit from the property's appreciation in value over time. In addition to rental income, they can earn significant profits when the property is sold.
  • Diversification: Investing in commercial real estate equity allows investors to diversify their portfolios further as they gain exposure to physical assets that may     behave differently than traditional financial assets.
  • Control and Decision-Making: Equity investors often have a say in property management and strategic decisions, allowing for more active involvement and influence over the asset's performance.
  • Tax Benefits: Equity investors can use tax deductions, such as depreciation and interest expenses, to reduce their taxable income.

 

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.

 

Advantages of US Private Equity Funds

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.

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Understanding the EB-5 Regional Center Program Advisory Committee Authorization Act

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. Here's what you need to know.

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:

What is the EB-5 Regional Center Program Advisory Committee Authorization Act?

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. 

Key Benefits for EB-5 Investors:

  1. Enhanced Transparency and Accountability: One of the significant advantages of the EB-5 Regional Center Program Advisory Committee Authorization Act is the promotion of transparency and accountability within the program. By establishing an advisory committee composed of stakeholders from various backgrounds, including EB-5 investors, developers, and regional center representatives, the act ensures the interests of all parties involved are represented. This increased transparency can provide BE-5 investors with greater confidence in the program’s integrity and decision-making processes.
  2. Streamline Program Operations: The advisory committee authorized by this act will play a crucial role in streamlining the operations of the EB-5 Regional Center Program. By providing recommendations on regulatory and policy changes, as well as addressing operational challenges faced by regional centers, the committee can contribute to making the program more efficient and responsive to the needs of EB-5 investors. This streamlining can lead to faster processing times for investor petitions and a smoother overall experience for participants in the program.
  3. Improved Impact: Another benefit of the EB-5 Regional Center Advisory Committee Authorization Act is the potential for improved impact of the EB-5 Program. The advisory committee will have the mandate to assess the effectiveness of regional center projects and make recommendations for enhancing their economic impact and job creation potential. By facilitating the development of high-quality projects that align with the program’s objectives, EB-5 investments can offer improved economic impact and greater security.
  4. Mitigation of Risks: The establishment of an advisory committee focused on the EB-5 Regional Center Program also presents an opportunity to mitigate risks associated with EB-5 investments. Through ongoing discussion of regional center activities and structures, the committee can help the industry structure investments which comply with EB-5 rules and regulations. This proactive approach to risk management can help safeguard the interest of EB-5 investors and preserve the integrity of the program as a whole.

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.