10月11日,负责监督移民的美国联邦机构美国公民及移民服务局(USCIS)发布了期待已久的美国投资居留计划EB-5所需的投资期限(称为 “维持期”)指南。
该指导方针指出,投资者可能在投资短短两年后收回所需的80万美元资本。尽管EB-5领域的许多人一直在等待移民局澄清维持期要求,但10月11日移民局的政策留下了许多悬而未决的问题,包括该指南本身是否是根据美国法律要求的适当程序发布的。
《官方规约》
随着2022年3月15日《2022年EB-5改革和诚信法案》(“RIA)” 的通过,有关EB-5的官方法规已更新。与管理任何官方法规的联邦机构一样,移民局必须根据禁止的程序制定正式法规。只有在正式的规则制定程序(需要公共通知和评论程序)之后,法规才会成为管理法律的规则。
尽管EB-5计划的参与者一直在要求USCIS发布指导和法规,但尚不清楚USCIS是否具有修改现有规则的法律权力,除非遵守规则制定程序。在可以将现行法规理解为符合新法规的情况下,例如维持期,尤其如此。
混乱的原因
造成这种混乱的原因是新法律本身的法定措辞。法律要求潜在移民的投资 “预计将持续投资不少于2年”。对EB-5法律中关于 “取消条件” 或投资者持有永久绿卡的部分进行了编辑,删除了投资者 “维持” 投资的具体措辞。但是,取消条件部分允许投资者在最初的两年有条件居留期限之外还有一年的时间来证明他们只有在保持资本投资的情况下才能创造就业机会。
移民局口译
美国公民及移民服务局似乎将这两项条款解释为只需要两年的积极投资。移民局进一步要求将初始投资保留在初始项目中,直到创造足够的就业机会为止。但是,新法律还规定,如果在投资者有资格偿还初始投资之前偿还了初始投资,则可以进行 “重新部署”。
继续投资或重新部署
如果初始投资必须满足最低维持期和创造就业机会的要求,那么要求重新部署资本是不合逻辑的。如果法律允许在更长的时间内继续投资以证明创造就业机会,那么在短短两年后提取资本的能力似乎是不合逻辑的。当全面阅读RIA时,新的USCIS指南似乎站不住脚。
投资时间表已定义
两年投资时间表何时开始的问题也没有答案。移民局的指导方针指出,开始日期是 “向创造就业机会的实体提供全部投资” 的日期。这是EB-5的钱花掉的时候吗?贷款何时到期,但尚未融资?创造就业机会的实体可以存入EB-5资金而不使用吗?过桥融资如何影响这种计算?这些都是未解答的问题。
构建 EB-5
总之,EB-5项目发起人必须负责任地构建EB-5工具,EB-5投资者不应急于达成承诺在两年内返还资金的协议。目前,在EB-5资金全部转移到JCE/借款人之后,将EB-5对初始项目的投资维持至少两年似乎是最安全的。投资者应随时了解有关维持期的持续发展,因为将来法院或移民局的政策中肯定会再次出现这个问题。更重要的是,无论规则有何变化,EB-5投资者都必须彻底评估潜在投资的金融和移民风险。
要了解有关 EB-5 签证计划 和 Peachtree的EB-5产品,联系 agreene@peachtreegroup.com。
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ATLANTA (April 2025) – Peachtree Group (“Peachtree”) has successfully secured U.S. Citizenship and Immigration Services (“USCIS”) approval for four regional centers: Peachtree South Regional Center, Peachtree Northeast Regional Center, Peachtree Midwest Regional Center and Peachtree West Regional Center. These approvals allow Peachtree to independently structure and sponsor EB-5 projects within the designated territories, streamlining the investment process and enhancing efficiency in bringing deals to market.
The approved regional centers cover the continental U.S., giving Peachtree a national footprint to expand its EB-5 program. With these approvals, the firm plans to scale its EB-5 efforts, increase deal volume and seamlessly integrate EB-5 capital into its broader investment strategy.
Peachtree launched its EB-5 program in 2023 with the appointment of Adam Greene as executive vice president. Since then, the program has received three I-956F approvals for hotel developments, including Home2 Suites by Hilton in Boone, N.C.; TownePlace Suites by Marriott in Palmdale, CA.; and SpringHill Suites by Marriott in Bryce Canyon City, Utah.
The Regional Center approvals, granted by USCIS, represents a critical milestone in facilitating EB-5 investment opportunities. Previously, Peachtree relied on third-party regional centers, which added complexity and extended processing times. Now, with its own approved regional centers, the firm can directly manage and file EB-5 investments, significantly reducing timelines and enhancing control over its platform.
“These approvals mark a major milestone for Peachtree, solidifying our ability to independently execute EB-5 transactions and accelerate our investment initiatives,” Greene said. “With this expanded capacity, we can efficiently sponsor and structure projects, further driving economic development and job creation across the country.”
Peachtree has built a strong reputation in commercial real estate investment, and the newly established regional centers align with its long-term vision of diversifying and optimizing its capital sources.
"Implementing an EB-5 program is an excellent way to access low-cost capital, diversify our funding sources and invest in job-creating projects across the country," said Greg Friedman, Peachtree's CEO and managing principal.
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 in the U.S.
"Looking ahead, we are committed to expanding our EB-5 footprint by increasing the number of qualifying projects and deepening our engagement with EB-5 investors. With a proven investment track record, national reach and execution expertise, Peachtree is well-positioned to leverage these approvals and solidify its leadership in the EB-5 investment sector," Greene added.

Peachtree Group Receives USCIS Approval for EB-5 Funded SpringHill Suites by Marriott Development
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ATLANTA (April 28, 2024) – 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.,and TownePlace Suites by Marriott in Palmdale, Calif.
“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.
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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-5program. 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 ConcurrentFiling
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.