如果您持有H-1B签证在美国工作并寻求永久居留权，那么EB-5移民投资者计划提供了一条充满希望的前进道路。这份全面的指南将引导您完成从H-1B到EB-5签证的过渡过程，帮助您了解您的选择，从而对移民旅程做出明智的决定。

H-1B 与 EB-5：了解关键区别

这个 H-1B 签证 是一种由雇主担保的临时签证，可将您与特定公司联系起来。你需要中奖才能获得彩票，而且你将面临定期续订的要求。此外，您在美国的逗留始终取决于您的就业状况。

另一方面，EB-5签证提供 获得永久居留权的直接途径。无需雇主赞助！持有EB-5签证，您可以：

• 在美国任何地方生活和工作
• 在申请中包括您的配偶和21岁以下的未婚子女
• 避免签证续签和雇主依赖的压力

你能从H-1B转换为EB-5吗？

是的，虽然这并不完全是 “转换”，但您可以在保持H-1B身份的同时申请EB-5签证。这是关键 EB-5 签证的要求:

• 向符合条件的区域中心项目投资 800,000 美元
• 通过您的投资为美国工人创造就业机会
• 证明投资资金的合法来源

H-1B持有人可接受的资金来源包括：

• 通过工资报表和纳税申报表验证的累计收入
• 个人储蓄和投资
• 退休计划资金
• 担保贷款或有据可查的礼物

EB-5批准的时间表和流程

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从H-1B到EB-5身份的过渡通常需要4到18个月，具体取决于移民局的处理时间。您的移民之旅从选择和投资合格的EB-5项目开始。完成投资后，您将向移民局提交申请。在这段等待期内，保持您当前的H-1B身份可提供重要的移民安全。

了解并行申报的好处和风险

同时申请选项为寻求EB-5签证的H-1B持有人提供了一个有趣的机会。此流程允许您在提交EB-5申请后立即收到就业授权文件和预先假释特权（旅行授权）。这些福利可以独立于您的H-1B雇主获得工作许可，并为国际旅行提供便利。但是，移民律师通常建议在整个EB-5过程中保持H-1B身份，因为如果需要，切换到并行申请身份可能会阻止您返回到H-1B身份。

做出明智的决定

通过EB-5计划从H-1B到永久居留权的旅程对于在美国的外国工人来说是一个重要的机会。尽管80万美元的投资要求相当可观，但永久居留权和工作场所自由的好处使其成为任何H-1B专业人士的有吸引力的选择。咨询合格的移民律师有助于确保您了解流程的各个方面，并使 签证选择 符合您的长期移民目标。

采取下一步行动

从H-1B转换为EB-5签证为获得美国永久居留权提供了明确的途径。通过了解要求、时间表和潜在挑战，您可以对移民的未来做出明智的决定。请记住，在这个复杂但有意义的过程中，专业的法律指导被证明是无价的。

桃树集团在EB-5投资方面拥有40多年的经验。对EB-5有疑问，请访问 我们的网站e 或填写我们的联系表。

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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.

The Evolution of EB-5 Country Limits: A Paradigm Shift

Conventional wisdom states that the EB5 visa country cap is calculated within each preference category, not across all preference categories.  

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‍Conventional EB-5 wisdom on country caps is wrong.

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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.

Key Changes in EB-5 Visa Allocation

Since April 2023, the latest news on EB-5 visa calculations reveals a comprehensive approach to annual limits:

• Visas are now calculated across ALL preference categories
• Family-based and employment-based visas are considered together
• A new method for tracking country-specific visa usage has been implemented

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.

Understanding the EB-5 Annual Limit and 7% Rule

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:

1. Total Visa Pool: Annual allocation of visas across various categories
2. Proportional Allocation: No country can receive more than 7% of total visas
3. Backlog Mechanism: Priority date-based restrictions when 7% threshold is reached

Current Landscape of EB-5 Country Limits

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.

Strategic Implications for EB-5 Investors

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.

Investment Strategies to Manage EB-5 Annual Limits

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:

• Reduced minimum investment ($800,000 vs. $1,050,000)
• Potential acceleration through high-unemployment or rural project designations

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.

Key Takeaway on EB-5 Annual Limits

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.

Mastering EB-5 Visa Annual Limits

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.

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About Peachtree Group

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.

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Form I-485, or the "Application to Register Permanent Residence" allows an EB-5 investor to adjust their investor's status from a non-immigrant to a conditional permanent resident (CPR). To take advantage of this, the EB-5 investor must already be in the United States lawfully on a non-immigrant visa such as a F-1 or H-1B. The form is generally filed after the I-526E Petition which is the first step in the EB-5 visa process. This blog post explains how the Form I485 fits into the overall EB-5 process, the essential documents needed, and how to avoid potential delays in the adjustment of status journey.

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Concurrent Filing

The passing of the EB-5 Reform and Integrity Act of 2022 (“RIA”) allowed EB-5 investors to file Form I-485 concurrently with Form I-526E if visas are available.  This is called concurrent filing and allows investors to remain in the US while their application is processed. In short, if you are in the U.S. you can stay in the U.S. while you wait for the adjudication of your Form I-526E Petition.

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Conditional Permanent Residency

Once the I-485 is approved, the investor becomes a conditional permanent resident which is good for two years. During this time, they need to fulfil the promise they made with the I-526 form to invest in a project that creates US jobs. In order to remove the conditional and become a permanent resident, the investor must file Form I-829 or the "Petition by Investor to Remove Conditions on Permanent Resident Status". Once this is granted, the investor and their eligible family members receive permanent green cards.

Investor Benefits During I-485 processing:

While the I-485 is processing, EB-5 investors may also file a Form I-765, "Application for Employment Authorization" and Form I-131, "Application for Travel Document" to receive an employment authorization and travel permit, which allows them to work in the US and travel while their applications are pending.

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I-485 Filing Requirements: Documents to be submitted with your Form I-485

Peachtree Group encourages ourEB-5 investors to consult with their immigration attorney and to read through the Form I-485 form instructions as the specific evidence required with theForm I-485 application may vary depending on the immigrant category you are filing under.

Documents required to be submitted with your Form I-485 include:

1. Passport-style photographs
2.  Government-Issued identity document with photograph
3. Birth Certificate
4.  Inspection and Admission or Inspection and Parole
   1. Passport page with admission or parole stamp;
   2. Passport page with nonimmigrant visa; and
   3. FormI-94 Arrival-Departure Record.
5. Evidence of Maintenance of Status
6. Original Sealed Medical Exam Results (FormI-693)

I-485 EB5 Filing Costs

As November 2024, the filing fee for Form I-485 is $1,440. The EB-5 investor pays additional filing fees if they are also filing Form I-765 and Form I-131. Be sure to check the USCIS website for the most up to date fee information. In addition, this site has information on what to do while you wait for your green card application.

Prevent unnecessary delays in the adjudication of Form I-485

By following the I 485 form instructions and submitting all the required evidence and supporting documentation at the time of the Form I-485 filing, EB-5 investors may avoid receiving a Request for Evidence (“RFE”) from USCIS.

Tips to prevent receiving an RFE include:

• Form I-693, Report of Immigration MedicalExamination and Vaccination Record
• Only a USCIS designated civil surgeon can perform this medical examination in the United States. The civil surgeon will document the results of the examination on Form I-693. USCIS considers a complete Form I-693 to remain valid for two years from the date the civil surgeon signs the form.  
• Due to the limited time validity of Form I-693, EB-5 investors are not required to submit Form I-693 at the time they file their adjustment application but may select to do so in order to avoid a RFE and delay the adjudication process. USCIS cannot approve the Form I-485 without having the report of Immigration Medical Examination and Vaccination Record, so if the Form I-693 is not filed with the adjustment of status, USCIS will have to issue an REF to obtain the medical report.
• File all required initial evidence and supporting documentation as described in the form instructions; and
• Use the current edition of Form I-485

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Additional Resources

For more information about the I-526E Form and the EB-5 Immigrant Investor Program, consider consulting the following resources:

• ‍USCIS Website: Access official forms, instructions, and updates on processing times.
• A Simple Guide to EB-5 Immigration by Investment‍
• Immigration Attorneys: Seek legal advice from professionals specializing in EB-5 cases. If you are not familiar with an immigration attorney, contact Peachtree Group, our team can give you contact information for several knowledgeable lawyers.‍
• Contact Peachtree Group: Contact Peachtree Group for guidance on specific investment opportunities and compliance requirements.
• Learn more about the Peachtree Advantage
• What is form I-526E for EB-5 investors?
• What is Form I-826 for EB-5?

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