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:
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.
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.
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.
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.
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.
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 are in Targeted Employment Areas. Current projects include:
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.
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.
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.
As Chair of the EB-5 Investor Team at Klasko Immigration Law Partners, my team is frequently retained to handle complex investor cases, review filings prepared by other firms, and respond to USCIS challenges. I’ve guided hundreds of investors through the EB-5 process, including the often nerve-wracking step: the visa interview.
I also know the immigration journey on a personal level. As an immigrant myself, I understand how overwhelming the process can feel—not just for the applicant, but for their entire family. That’s why I want to demystify the EB-5 visa interview for you. With preparation and the right mindset, this step should feel like a confirmation of the hard work you’ve already done, not a stumbling block.
We’re going to limit discussions to interviews at the U.S. consulates overseas, as currently, the U.S. Citizenship and Immigration Service does not routinely interview EB-5 based adjustment applicants.
For those going through consular processing, the EB-5 interview occurs only after your I-526 petition has been approved and you’ve submitted the DS-260 immigrant visa application. The National Visa Center schedules the interview at the U.S. embassy or consulate in your home country or country of residence
It’s important to remember that this is not a job interview, nor is it an exam designed to test your knowledge of immigration law. The officer’s role is simply to confirm the information you have already provided and ensure your eligibility for permanent residency.
During the interview, the consular officer will verify your identity, confirm the lawful source of your investment funds, review your and your dependents’ eligibility, and ask questions about the project you invested in. Although every interview is unique, there are common themes. You may be asked about your personal and professional background, immigration history, your reasons for choosing a particular EB-5 project, how you earned or obtained your investment capital. Dependents are usually not asked questions about the EB-5 investment.
I always tell clients to answer questions directly and concisely. Long, overly detailed answers often create confusion or invite unnecessary follow-ups. At the same time, avoid rehearsing your answers so heavily that they sound scripted. Officers can usually tell when someone is reciting memorized lines, and it can come across as disingenuous. Instead, know your story and speak naturally.
Being organized is critical. Missing or disorganized paperwork can create delays. You will need passports for all family members, your DS-260 confirmation page, the interview appointment letter, original or certified civil documents with translations where required, your I-526 approval notice and, depending on the consulate, proof of both your investment and the lawful source of your funds.
If you rescheduled your interview, it’s important to ensure your police clearance letters and medicals are still valid at the time of the interview. Note: Applicants can only schedule a medical exam once the interview has been scheduled.
The most common issues I see at interviews are inconsistencies between what is said and what was included in previous filings, including the I-526 petition; vague or confusing explanations about the source of funds; missing documents, and unfamiliarity with the chosen project.
These mistakes are easily avoidable. The key is to know your case, review your documentation, and be ready to explain your answers in plain language.
While it is possible to prepare on your own, many investors find reassurance in conducting an interview prep with their attorney. I often hold these sessions with clients, going over the types of questions that can be asked.
This preparation not only builds confidence but also helps investors practice speaking naturally rather than reciting memorized responses. It also ensures dependents are ready for their interview.
There are three typical outcomes.
At the end of the day, good preparation comes down to being organized and informed. Here is a high-level checklist of things to bring that I recommend to my clients.
The above is not a comprehensive list nor is it meant to be legal advice. As each person’s personal and immigration history is different, there may be additional documents and additional information which need to be provided for this process. The EB-5 interview should not be seen as a barrier but as the final confirmation of your journey toward U.S. residency.
In my experience, investors who approach the interview with clarity, organization, and calm confidence find it to be a surprisingly straightforward step. Prepare carefully, ensure your medical exam and police certificates are current, and remember that the officer is there to verify your eligibility. With the right preparation, you can walk into your interview assured and walk out one step closer to achieving your immigration goals.
About the Author
Anusree (Anu) Nair is a Partner at Klasko Immigration Law Partners in Philadelphia and Chair of the firm’s EB-5 Investor Team. She leads a dedicated group of attorneys who assist investors in securing U.S. residency through EB-5regional center and direct investments. Recognized nationally for her command of investor-related immigration issues, she is frequently called upon to review complex EB-5 cases and respond to Notices of Intent to Deny (NOIDs). Anu also leads the EB-1/O-1 team, assisting highly skilled professionals in science medicine, and the arts. As an immigrant herself, Anu brings both professional expertise and personal understanding to her work helping clients achieve their immigration dreams.
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 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."
When documenting an EB-5 loan, USCIS requires specific evidence:
"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.”
Several loan types can work for EB-5 investments:
"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.
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:
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.
"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.
Peachtree Group (“Peachtree”) has received I-956F approval from U.S. Citizenship and Immigration Services (USCIS), the federal agency that oversees the EB-5 Immigrant Investor Program, for the development of Madison Bradenton, a 240-unit multifamily community in Bradenton, Fla.
The approval marks another major step forward for Peachtree’s EB-5 program, which drives economic growth and job creation through foreign investment in U.S. projects.
“Madison Bradenton reflects the strong demand for high-quality multifamily housing in growing markets,” said Adam Greene, executive vice president of EB-5 at Peachtree. “This project underscores our ability to pair EB-5 financing with secured lending, delivering attractive opportunities for investors while meeting critical housing needs.”
This marks Peachtree’s fourth I-956F approved development. Previous projects include Home2 Suites by Hilton in Boone, N.C., Spring Hill Suites by Marriott in Bryce Canyon, Utah and TownePlace Suites by Marriott in Palmdale, Calif.
Peachtree launched its EB-5 program in 2023 and remains committed to delivering high-quality, job-creating projects nationwide.
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Peachtree originated $47 million in floating-rate construction financing with a four-year term for the development. The project will include five four-story, elevator-serviced apartment buildings and one two-story carriage-style building, along with a clubhouse and several garage structures.
The 10.7-acre site at 303 301 Boulevard West sits in Manatee County, one of Florida’s fastest-growing areas. The location offers access to major employers, top healthcare centers and leisure destinations, including Siesta Key Beach, ranked among the nation’s best.
The community will feature 120 one-bedroom, 100 two-bedroom and 20 three-bedroom residences, averaging 1,027 square feet. Units will include stainless steel appliances, walk-in closets, granite countertops, kitchen backsplashes, ceiling fans, full-size washer-dryers and private patios or balconies.
Bradenton and the North Port–Sarasota–Bradenton metropolitan area continue to benefit from strong population growth, economic expansion and an appealing coastal lifestyle. With 81 percent of area jobs accessible within a 30-minute drive and leading employers in healthcare, government and retail, the market outlook remains highly favorable.
The EB-5 visa program allows foreign investors to obtain a green card in exchange for making a qualifying investment in a U.S. project that creates or preserves at least 10 full-time jobs. The minimum investment is $800,000.
