Using a Loan to Fund Your EB-5 Investment
If you're considering the EB-5 visa program but don't have the full $800,000 investment amount readily available, you may be wondering: can you use an EB5 loan to fund your investment? The answer is yes, but there are important requirements and considerations to understand.
The 2022 Law Change Made EB5 Loans Clear
The EB-5 Reform and Integrity Act of 2022 brought significant clarity to the loan question. "The new law clarified that loans are okay. Before then, it was not clear whether a loan was okay," explains Adam Greene, EVP EB-5 for Peachtree Group. Previously, the immigration service had taken the position that borrowed funds didn't qualify as capital if they weren't the investor's own assets.
Under the new law, gifted or borrowed funds may be counted as long as they meet two key requirements: the funds were obtained "in good faith" and were not used "to circumvent any limitations of permissible sources of capital."
What USCIS Needs to See for EB-5 Loans
When documenting an EB-5 loan, USCIS requires specific evidence:
- A valid loan agreement with clear terms
- Documentation of the loan source and how proceeds are transferred
- Proof that you, not someone else, are responsible for repayment
- Evidence of the lender's source of funds (unless from a U.S. chartered bank)
"As long as you can trace the money to a loan from a US chartered bank, that's OK," Greene notes. "However, if borrowing from individuals, you'll need to demonstrate that their source of capital is legitimate.”
Valid EB-5 Loan Sources
Several loan types can work for EB-5 investments:
- Home equity lines of credit
- Loans against investable asset (margin loans)
- Personal loans from banks with proper collateral
- Loans from companies or trusts you own
- Unsecured loans, if properly documented
"Any of these loans is valid as long as there is a legally enforceable loan agreement and you can establish that the funds that you get from the loan were sourced legitimately," Greene explains.
Key Risks to Avoid
The biggest red flag is attempting to circumvent source of funds requirements.
"If you're trying to do something cute or tricky or something that just makes it easier to document your source of funds, you violate the spirit of the EB-5 law and you will have a high risk of I-526E denial," warns Greene.
Other risks include:
- Inadequately documented loan agreements
- Loans secured by the EB-5 project itself
- Immediate loan repayment with unsourced funds
Peachtree Group's EB-5 Loan Solution
Recognizing the complexities of EB-5 loan documentation, Peachtree Group has created an affiliated lender that provides loans specifically for EB-5 investors. This program offers several advantages:
Unsecured Loan Structure: "We have an affiliated lender that actually provides a loan to an investor that doesn't have a formal security agreement against the assets of the borrower," Greene explains. This eliminates potential complications with the immigration service regarding security interests in the EB-5 investment itself.
Flexible Repayment Terms: The loan doesn't need to be repaid for up to five years from origination. "It's very possible or even likely that their EB-5 investment may be repaid within those five years," Greene notes, meaning investors might use their returned EB-5 capital to repay the loan. Of course, EB-5 investors would remain personally liable for any shortfall in repayment proceeds, which is required to satisfy the “at-risk” requirements of the EB-5 program.
Streamlined Source of Funds: Since the affiliate lender sources funds from a US chartered bank, the documentation process is simplified. "We are able to prove that we funded off a bank line and therefore that should be sufficient for source of funds," Greene explains.
Clear Risk Structure: Investors who use $400,000 of their own funds plus a $400,000 loan are "at risk for $800,000," satisfying USCIS requirements while providing financing flexibility.
The Bottom Line
"Loans are allowed under the new law unambiguously; it’s written in the text of the law," Greene emphasizes.
Success requires careful planning and proper documentation. The loan must represent genuine risk to the investor, and all source of funds requirements must be met.
Peachtree Group's affiliated lending program is designed to navigate these requirements while providing investors with flexible financing options. Before proceeding with any EB-5 loan structure, consult with an experienced immigration attorney to ensure compliance and avoid potential complications during the adjudication process. For more information about Peachtree Group's EB-5 loans contact agreene@peachtreegroup.com.
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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.
- TownePlace Suites by Marriott in Palmdale, Calif.
- SpringHill Suites by Marriott in Bryce Canyon, Utah
“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. Key requirements of the EB-5 program include:
- A minimum investment of $800,000 in a qualifying U.S.-based project
- The creation or preservation of at least 10 full-time jobs for U.S. workers
- Eligibility for the investor and their immediate family to apply for permanent residency (a green card)
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Lance Lee's EB-5 Journey: From Student to U.S. Citizen
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.
Why EB-5 was the Right Choice
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.
Learn More About EB-5
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.
Do you qualify for an EB5 visa? View this checklist.
One of the key reasons Lance turned to EB-5 was the limitations of H-1B 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.
- He 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.
Ready to get started?
Download Your Simplified Guide to EB-5 Visa Requirements
Additional Resources:
- EB-5 Visa Types Explained
- From F-1 Student Visa to Green Card: Understanding the EB-5 Alternative
- Converting Your H-1B Visa to an EB-5 Visa: Your Path to Permanent Residency
- Concurrent Filing for EB-5 Investors
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EB-5 Concurrent Filing: How Investors Can Adjust Status While Remaining in the U.S.
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For current and prospective U.S. immigrants, the EB-5 Reform and Integrity Act of 2022 (RIA) changed the game. This legislation has transformed the way investors can navigate the process of potentially obtaining a U.S. green card, primarily through EB-5 concurrent adjustment of status filing. Concurrent filing means investors now have the ability to file their I-526E (EB-5 Immigrant Petition) and I-485 (Application to Adjust Status) forms at the same time. This makes the EB-5 program more accessible than ever for those who are already in the U.S. In this article, we’ll explain the meaning of concurrent filing, how the process works, and the potential benefits investors can enjoy.
EB-5 Concurrent Filing: What It Means for Investors
So, what does EB-5 concurrent filing mean? And how might it impact you as an investor? The short answer is that prior to the legislation that was passed in March of 2022, EB-5 investors had to wait for their Form I-526 (pre-RIA) to be approved before filing Form I-485 to adjust their status to that of a lawful permanent resident. Often, this resulted in lengthy wait times, especially for individuals already residing in the United States under valid non immigrant visas like H-1B, E2 or F-1. Now, the ability to concurrently file I-526E (postRIA) and I-485 forms has radically changed this process.
Through concurrent filing, prospective investors can potentially bypass this waiting period and potentially obtain their conditional green card faster. To qualify for concurrent filing, investors must meet a couple of key requirements:
- They must already be physically present in the U.S. under a valid nonimmigrant visa status.
- A visa number must be immediately available for their category, which can be confirmed by checking the U.S. Department of State’s Visa Bulletin.
This approach can save time and also allow investors to apply for Employment Authorization Documents (EAD) and Advance Parole (travel authorization) while their applications are pending. As a result, investors can continue working, studying, or managing businesses in the U.S. without disruptions, making concurrent filing a pivotal advancement for the EB-5 program. So, how does the process work?
The Concurrent Filing Process
EB-5 concurrent filing allows investors a different approach to their immigration journey. Understanding the steps is crucial to ensuring an efficient process where requirements are met.
Step 1: File Your I-526 Form
The process for concurrent filing begins with the submission of an I-526E form. This form demonstrates the investor’s commitment to a qualifying EB-5 project and compliance with program regulations. Key documents include proof of the investment amount, evidence of lawful source of funds, and details about the job creation potential of the project.
You’ll also want to keep in mind the fees that come with filing an I-526E form. In 2025 the filing fee is about $12,160.
Step 2: Apply for the Current I-485 Form Simultaneously
While submitting your I-526E, you’ll want to concurrently file your I-485 form, too. Concurrent filing means you can submit your application to adjust your status at the same time as your I-526E form. Required documentation includes proof of lawful entry, evidence of valid nonimmigrant status, and supporting materials for eligibility, such as medical examination results. One potential supporting form you may want to consider is an I-693, Report of Immigration Medical Examination and Vaccination Record.
In 2025, the I-485 form has a filing fee of $1,440 and a biometrics fee of $85.
Step 3: Apply for EAD and Advance Parole
When you concurrently file your I-485 and I-526E forms, you may at the same time file forms for permission to work and permission to travel—called an Employment Authorization Document (EAD) or advance parole. These forms, if approved, enable the investor to work and travel with unlimited entry in and out of the U.S. while their green card application is pending, essentially granting the same benefits as a green card. Investors typically don’t have to wait too long for this, as approval tends to be granted within three months of filing.
The Benefits of EB-5 Concurrent Filing
By allowing investors to simultaneously submit key immigration forms, concurrent filing has meant a lot to EB-5investors. From work and travel authorization to a streamlined process, concurrent filing presents several benefits:
- You can remain in the U.S. while awaiting approval: Before 2022, EB-5 investors had to maintain valid nonimmigrant visa status or risk leaving the U.S. during the lengthy green card process. Concurrent filing eliminates this challenge by allowing investors to remain in the country legally while their adjustment of status application is under review.
- Concurrent filing potential reduces waiting times: Concurrent filing means investors can start the adjustment process immediately, rather than waiting for the approval of their I-526E form. For individuals from countries without visa backlogs, this can mean a faster route to obtaining permanent residency.
- A streamlined path to permanent residency: Investors can enjoy more peace of mind during the process, as they can maintain their lives and careers in the U.S. without disruption.
At Peachtree Group, our team has collectively spent decades helping investors like you obtain their green cards through EB-5 investing. Connect with our team to learn more about your options for EB- 5 investing, concurrent filing and access to immigration attorneys that have experience representing investors who petition concurrent filing.
FAQs
What does concurrent filing mean?
Concurrent filing allows prospective EB-5 investors to simultaneously file their I-526E and I-485 forms. This may limit wait times and allows investors to remain working in the U.S. while awaiting their status.