피치트리 그룹, 힐튼 디벨롭먼트의 EB-5 자금 지원 홈2 스위트에 대한 신속한 USCIS 승인 확보

애틀랜타 (2024년 5월 28일) — 피치트리 그룹 (이하 “피치트리”) 은 미국 이민국을 감독하는 정부 기관인 미국 시민권 및 이민국 (이하 “USCIS”) 으로부터 I-956F 승인을 받았습니다. EB-5 투자이민 프로그램, 의 개발을 위해 홈2 스위트 바이 힐튼 인 분, N.C.

USCIS는 단 5개월 만에 호텔 개발을 위한 I-956F 청원을 판결했습니다.

Peachtree Group의 EB-5 EB-5 EVP인 애덤 그린 (Adam Greene) 은 “특히 게시된 처리 기간이 15개월이 넘는 상황에서 프로젝트를 매우 빠르게 승인할 수 있었다는 것은 피치트리 팀의 실사 덕분입니다”라고 말했습니다.

피치트리는 나르시 프로퍼티가 분 시내 근처에 105개의 객실을 갖춘 홈2 스위트 바이 힐튼을 개발하기 위해 5년 기간 동안 2,170만 달러의 고정 금리 건설 자금을 조달했습니다.노스캐롤라이나 주 서부의 활기찬 산맥에 위치한 이 유서 깊은 마을은 애팔래치아 주립대학교 (Appalachian State University), 22,000명 이상의 학생과 교수진, 그리고 노스캐롤라이나에서 가장 인기 있는 스키 리조트 세 곳을 비롯한 수많은 수요 창출자들과도 가깝습니다.이 호텔은 2024년 가을까지 완공될 것으로 예상됩니다.

“건설이 진행 중이며 가시적인 진전을 보여주고 초기 프로젝트 위험을 줄이고 있습니다.중요한 것은, Peachtree가 EB-5 자본을 조달하고 있음에도 불구하고, Peachtree는 대출 규모를 메워 프로젝트 실행의 확실성을 제공하고 EB-5 투자자와 동일한 위험 수준에 맞춰 지분을 유지하고 있다는 것입니다.이러한 약속은 우리의 이익이 프로젝트의 성공과 직접적으로 연계되어 모든 이해관계자들을 안심시킬 수 있도록 해줍니다.” 라고 Greene은 말했습니다.

EB-5 비자 프로그램은 외국인 투자자가 미국에 일자리를 창출하는 새로운 영리 기업에 상당한 투자를 하는 대가로 잠재적으로 영주권을 취득할 수 있는 기회를 제공합니다. 이 프로그램에 따라 미국 근로자를 위해 최소 10개의 정규직 일자리를 창출하거나 보존하는 미국 기반 프로젝트에 최소 80만 달러를 투자한 외국인은 미국 영주권을 신청할 수 있습니다.

“Peachtree Group은 작년에 EB-5 프로그램을 출범하여 미국 전역의 일자리 창출 프로젝트에 지속적으로 자금을 지원할 수 있는 중요한 자금 조달 도구를 제공했습니다.” 라고 Peachtree의 CEO 겸 경영책임자인 Greg Friedman은 말했습니다.“이번 호텔 개발로 약 328개의 일자리가 창출될 것으로 예상됩니다.”

피치트리 그룹 소개
Peachtree Group은 상업용 부동산에 기반을 둔 위축된 시장에서 기회를 식별하고 활용하는 것을 전문으로 하는 수직 통합 투자 관리 회사입니다.오늘날 이 회사는 인수, 개발 및 대출 전반에 걸쳐 수십억 달러의 자본을 관리하고 있으며 투자를 보호, 지원 및 확대하도록 설계된 서비스를 제공합니다.자세한 내용은 www.peachtreegroup.com을 방문하세요.

연락처:

찰스 탈버트

678-823-7683

ctalbert@peachtreegroup.com

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Converting Your H-1B Visa to an EB-5 Visa: Your Path to Permanent Residency

Looking for an alternative to an H-1B visa? This short 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.

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.

 

H-1B vs. EB-5: Understanding the Key Differences

 

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:

  • Live and work anywhere in the United States
  • Include your spouse and unmarried children under age 21 in your application
  • Avoid the stress of visa renewals and employer dependencies

 

Can You Convert from H-1B to EB-5?

 

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:

  • Make an $800,000 investment in a qualifying Regional Center project
  • Create jobs for U.S. workers through your investment
  • Demonstrate a legitimate source of investment funds

 

Acceptable funding sources for H-1B holders include:

  • Accumulated earnings verified by wage statements and tax returns
  • Personal savings and investments
  • Retirement plan funds
  • Secured loans or documented gifts

The Timeline and Process for EB-5 Approval

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.

 

Understanding Concurrent Filing Benefits and Risks

 

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.

 

Making an Informed Decision

 

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.

 

Taking the Next Step

 

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.

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Understanding EB-5 Visa Annual Limits: Navigating Country Caps and USCIS Regulations

Conventional wisdom states that the EB5 visa country cap is calculated within each preference category, but that thinking is not correct, and we explain why.

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.  

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.

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.

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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USCIS Form I-485 for EB-5 Investors Explained

Learn how EB-5 investors can leverage the I-485 form to adjust their immigration status, the eligibility requirements for EB-5 investors, the essential documents needed, and how Form I-485 fits into the overall EB-5 process.
Header image showing a picture of a green card and the I485 application with the title "USCIS Form I-485 for EB-5 Investors Explained"

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.

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.

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.

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

Additional Resources

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