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.
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If you're an international student studying in the United States on a F-1 visa, you might be wondering about your options for staying in the country long-term. While the path to permanent residency might seem complex, the EB-5 immigrant investor program offers an interesting alternative that many students don’t know about. Let's explore how these visa categories differ and what you need to know about making the transition.
The answer is Yes - and you have more flexibility than you might think. As a F-1 visa holder, you can apply for an EB-5 visa at any point during your stay in the United States. Whether you're just starting your first year of school, in the middle of your studies, or even during your Optional Practical Training (OPT) period, the option is available to you.
However, there are some important requirements to keep in mind. You'll need access to the minimum investment amount of $800,000, and if you're presently in the U.S., you must qualify as an accredited investor with at least $1 million in investable assets. Many students receive the funds for their investment through a gift or loans from family members, which is perfectly acceptable, as long as you can demonstrate that the money comes from legitimate sources.
When it comes to processing times, flexibility is key. The timeline for obtaining your EB-5 visa after applying from F-1 status can vary significantly, primarily depending on how quickly the U.S. Citizenship and Immigration Service (USCIS) processes applications. Currently, processing times typically range from 4 to 18 months. While there aren't set deadlines or guaranteed timeframes, there's good news - concurrent adjust filing options may be available, which can help streamline the process and provide you with work and travel authorization.
If you are considering this path, it's smart to apply early, ideally while concurrent filing is available for your country of origin. This gives you the best chance of completing the process before your F-1 visa or OPT expires.
One of the most attractive aspects of the EB-5 visa is the independence it offers. Unlike your F-1 visa, which ties you to a specific school and requires maintaining student status, or an H1-B visa that ties you to an employer, the EB-5 visa gives you complete freedom. You won't need an employer sponsor or school sponsorship, and there are no restrictions on where or how you work. Want to start your own business? You can do that. Interested in changing jobs or moving to a different state? That's completely fine too. You can also apply to internships during the school year and participate in the recruitment process so that upon graduation you do not have the stress of the OPT process.
The advantages of choosing the EB-5 path go beyond just employment freedom. You're not dealing with any lottery systems or random selection processes like some other visa categories. Instead, you're on a direct path to permanent residency without the hassle of ongoing renewals. If concurrent filing is available, you might even be able to file for adjustment of status while your EB-5 petition is processing.
For students pursuing higher education in the United States, the EB-5 visa can offer significant tuition advantages. As lawful permanent residents, EB-5 visa holders qualify for in-state tuition rates at public universities after establishing residency in their chosen state, typically after living there for12 months. This can result in substantial savings compared to the higher rates charged to international students or out-of-state residents.
In addition, EB-5 visa holders, as permanent residents, have significantly better access to financial aid opportunities compared to international students. They can apply for federal student loans through FAFSA (Free Application for Federal Student Aid) and qualify for government-backed education loans with more favorable interest rates and repayment terms than private international student loans. Additionally, permanent residents are eligible for many scholarships and grants that are restricted to U.S. citizens and permanent residents, opening a much broader range of funding opportunities that are unavailable to international students. This includes merit-based scholarships from universities, need-based institutional aid, and various state and federal grant programs.
Your family benefits too. With an EB-5 visa your spouse and unmarried children under 21 are eligible for green cards without any additional investment required. This means access to American educational opportunities and the ability for your spouse to work freely in the U.S.
It's also worth noting that the $800,000 requirement isn't just a fee, it's an investment that you may potentially recover after the minimum investment period. While you're working toward your green card, your investment is contributing to U.S. economic growth and job creation.
Timing is crucial when planning your transition. Keep an eye on concurrent filing availability for your country and plan around your F-1 visa and OPT expiration dates. You'll need to think about securing the minimum investment amount, meeting accredited investor requirements if applicable, and gathering all necessary documentation.
Speaking of documentation, you'll need to prepare quite a bit of paperwork. This includes proof of where your investment funds came from, investment documentation, verification of your current F-1 status, academic records, and financial statements. While it might seem overwhelming, proper organization and preparation can make the process much smoother. It is important to work with an experienced immigration attorney that has vast experience representing investors for the EB-5 Visa as this will ensure that your petition and documentation is in compliance with the program's requirements.
The EB-5 program offers a unique opportunity for F-1 students to secure permanent residency through investment. Yes, the initial financial requirement is substantial, but the benefits of permanent residency, career freedom, and family inclusion make it worth considering if you have the means to invest.
Success in this transition comes down to careful planning, thorough preparation, and timely application. 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 a successful transition from student to permanent resident.
Peachtree Group has more than 40 years’ experience in EB-5 investing. Have questions about EB-5, visit our website or fill out our contact form.
If you're working in the United States on an H-1B visa and seeking permanent residency, the EB-5 Immigrant Investor Program offers a promising path forward. This comprehensive guide walks you through the process of transitioning from an H-1B to an EB-5 visa, helping you understand your options to make an informed decision about your immigration journey.
The H-1B visa is a temporary, employer-sponsored visa that ties you to a specific company. You need to win a lottery to get one, and you'll face regular renewal requirements. Plus, your stay in the U.S. is always dependent on your employment status.
The EB-5 visa, on the other hand, offers a direct path to permanent residency. No employer sponsorship needed! With an EB-5 visa, you can:
Yes, while it's not exactly a "conversion," you can apply for an EB-5 visa while maintaining your H-1B status. Here are the key requirements for an EB-5 visa:
Acceptable funding sources for H-1B holders include:
The transition from H-1B to EB-5 status typically requires between 4 to 18 months, depending on USCIS processing times. Your immigration journey begins with selecting and investing in a qualified EB-5 project. Once you've made your investment, you'll submit your petition to USCIS. During this waiting period, maintaining your current H-1B status provides important immigration security.
The concurrent filing option presents an interesting opportunity for H-1B holders pursuing EB-5 visas. This process allows you to receive an Employment Authorization Document and advance parole privileges (travel authorization) immediately after filing your EB-5 petition. These benefits enable work authorization independent of your H-1B employer and facilitate international travel. However, immigration attorneys often advise maintainingH-1B status throughout the EB-5 process, as switching to concurrent filing status may prevent you from returning to H-1B status if needed.
The journey from H-1B to permanent residency through the EB-5 program represents a significant opportunity for foreign workers in the United States. While the $800,000 investment requirement is substantial, the benefits of permanent residency and workplace freedom make it an attractive option form any H-1B professionals. Consulting with qualified immigration attorneys helps ensure you understand all aspects of the process and make the visa choice aligned with your long-term immigration goals.
Converting from an H-1B to an EB-5 visa offers a clear path to permanent residency in the United States. By understanding the requirements, timeline, and potential challenges, you can make informed decisions about your immigration future. Remember that professional legal guidance proves invaluable throughout this complex but rewarding process.
Peachtree Group has more than 40 years’ experience in EB-5 investing. Have questions about EB-5, visit our website or fill out our contact form.
For international investors dreaming of permanent U.S. residency, the EB-5 Immigrant Investor Program offers a promising pathway—but navigating its complex landscape, which includes EB-5 visa annual limits, requires more than just capital.
Imagine investing substantial funds in a U.S. project, only to discover that your country's immigration quota could dramatically impact your timeline for obtaining a green card. Each year, the United States Citizenship and Immigration Services (USCIS) implements intricate EB-5 annual limits and country-specific caps that can significantly affect your immigration journey.
These regulations aren't just bureaucratic footnotes; they're critical strategic considerations that can mean the difference between immediate progress and years of unexpected waiting. Read on to learn what you need to know about navigating these restrictions.
Conventional wisdom states that the EB5 visa country cap is calculated within each preference category, not across all preference categories.
Conventional EB-5 wisdom on country caps is wrong.
A US Federal Register announcement dated March 28, 2023, dramatically transformed how EB-5 visa annual limits are calculated. This update represents a significant change in understanding EB-5 country limits, offering new perspectives for investors navigating the complex immigration landscape.
Since April 2023, the latest news on EB-5 visa calculations reveals a comprehensive approach to annual limits:
This approach means immigrants from a particular country are not subject to EB-5 country limits until applications across ALL preference categories reach 7% of the total available visas.
The USCIS annual limits are governed by a nuanced 7% country cap mechanism designed to prevent any single country from dominating immigration allocations. Here are the three basic things you need to know to understand how the limits are governed:
Four countries have reached the critical 7% cap across family-based and employment-based visas, they are China, India, Mexico and the Philippines.
For China and India, this means significant waiting periods and strategic investment planning. Mexico and the Philippines experience minimal practical impact due to lower EB-5 application volumes.
Investors from countries outside of China and India enjoy significant advantages in navigating EB-5 annual limits. These investors face fewer restrictions, with greater flexibility in project selection and potentially faster processing times under current USCIS regulations.
Conversely, investors from China and India encounter more complex EB-5 country limits. These nations experience heightened scrutiny and longer waiting periods, requiring more sophisticated immigration and investment strategies to navigate the annual visa constraints.
Further, the EB-5 country limits are treated separately for the unreserved EB-5 category and each of the reserved categories (rural, high unemployment, and infrastructure). To understand current backlogs for the reserved categories, and any recent changes, pay close attention to the monthly visa bulletin put out by the Department of State.
Understanding the EB-5 annual limit is crucial for successful immigration planning. Targeted Employment Areas (TEAs, both rural and high unemployment areas) offer a strategic approach to managing visa allocations, providing:
Proactive planning becomes essential in managing USCIS annual limits. Investors should consult EB-5 immigration experts to help develop comprehensive long-term strategies and understand intricate priority date implications.
While USCIS annual limits and country caps are critical, they should not be the sole focus of your EB-5 investment strategy. Be sure to consider project quality, job creation potential, long-term investment objectives and your own personal and family immigration goals.
The EB-5 visa landscape continues to evolve, with recent USCIS updates providing new opportunities and challenges. By understanding the nuanced approach to annual limits and country caps, investors can make informed decisions that align with their immigration and investment aspirations.
Ready to navigate the complexities of EB-5 visa annual limits? Contact Peachtree Group today for a personalized consultation.
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.
