What is Form I-829 for EB-5?

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Understanding Your EB-5 Request for Evidence (RFE)

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.

What is a Request for Evidence?

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)

Is an RFE a Good Sign?

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.

Common Types of RFEs

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)

Response Timeframes and Deadlines

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.

How Long Does USCIS Take to Respond to an RFE?

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.

How Do I Know if USCIS Received My RFE Response?

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

What Happens After You Respond?

After submitting your RFE response, several outcomes are possible:

• Approval of your petition
• Another RFE if new questions arise
• A Notice of Intent to Deny (NOID) if USCIS is unsatisfied with your 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.

Tips for Success

• Submit Complete Documentation Initially
  The more thorough your initial petition, the better chance of avoiding or minimizing RFEs.
• Organize Your Response Carefully
  Make it easy for USCIS to locate and review the requested information.
• Meet All Deadlines
  Calendar the 87-day deadline immediately and plan to submit well before it.
• Keep Proof of Submission
  Maintain detailed records of when and how you submitted your response.

Taking the Next Step

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.

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Understanding Advance Parole and Form I-131 for EB-5 Investors: Your Complete Guide

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.

What is Advance Parole?

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)

When Do EB-5 Investors Need Advance Parole?

During Adjustment of Status

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

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After Receiving Your Green Card 

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

I-131 Processing Times and Validity

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.

Important Considerations for EB-5 Investors 

Before applying for advance parole, keep these crucial points in mind: 

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

Concurrent Filing and Advance Parole

Thanks to the EB-5 Reform and Integrity Act of 2022 (RIA),eligible investors can now file for adjustment of status concurrently with their I-526E petition. This means you can:

• 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.

Best Practices for Advance Parole Applications

To ensure the smoothest possible process:

• 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

Ready to take the Next Step?

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 .

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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 program 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: Investment-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 mee

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. ‍Lawful Source of Funds: The United States Citizenship and Immigration Services (USCIS) requires EB-5 investors show how the money they are investing was earned and how it moved into the EB-5 investment. This process must show the source of funds are legal.
4. Background Check: Finally, every EB-5 visa holder must 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.

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A Simplified Guide to EB-5 Visa Investment Program.

Explore the EB-5 Visa process from start to finish.

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.