피치트리 그룹, EB-5 팜데일 프로젝트에 대해 USCIS로부터 I-956F 승인 획득

조지아주 애틀랜타피치트리 그룹 (이하 “Peachtree”) 는 EB-5 투자이민 프로그램을 감독하는 정부 기관인 미국 시민권 및 이민국 (USCIS) 으로부터 회사의 I-956F 승인을 받았습니다. 타운플레이스 스위트 바이 메리어트 현재 건설 중인 캘리포니아 팜데일에 있습니다.

USCIS가 승인한 I-956F 승인은 미국의 경제 성장과 일자리 창출을 촉진하기 위해 고안된 EB-5 프로그램을 통해 투자 기회를 촉진하려는 Peachtree의 지속적인 노력의 중요한 단계입니다. 이는 Peachtree가 이전에 노스캐롤라이나 주 분에 있는 Home2 Suites by Hilton 개발에 대한 승인을 받은 두 번째 호텔 개발입니다.

피치트리의 EB-5 담당 수석 부사장인 애덤 그린 (Adam Greene) 은 “팜데일 프로젝트에 대한 USCIS 승인을 받게 되어 매우 기쁘다”고 말했다.“이러한 성과는 경제 성장을 촉진하고 투자자와 지역 사회 모두에게 의미 있는 기회를 창출하는 고품질 개발을 제공하겠다는 우리의 지속적인 노력을 보여줍니다.”

팜데일에 위치한 타운플레이스 스위트 바이 메리어트 (TownePlace Suites by Marriott) 는 비즈니스 및 레저 여행객 모두의 요구에 맞는 현대적인 숙박 시설과 편의 시설을 제공하는 최고의 장기 숙박 호텔이 될 것으로 예상됩니다.이 호텔은 2025년 봄까지 완공될 예정입니다.

“우리는 호텔 개발에 초점을 맞추고 있습니다. 이 부문은 경제 문제를 해결하는 데 있어 민첩성과 유연성을 제공하면서 회복력이 매우 뛰어나다는 것이 입증되었기 때문입니다.신규 호텔 공급은 제한적이고 여행 수요는 급증하는 상황에서 특히 탄탄한 펀더멘털과 시장 역학이 상당한 기회를 창출하는 포스트 코비드 시대에 신규 자산의 성과가 뛰어날 것으로 예상됩니다.향후 10년 동안 전 세계 여행 지출이 15조 5,000억 달러에 달해 인플레이션을 앞지르고 있다는 전망은 호스피탈리티 산업의 장기적 잠재력을 더욱 강조하여 매우 매력적인 투자 기회가 될 것입니다.” 라고 Greene은 말했습니다.

Peachtree는 2023년에 전국적인 일자리 창출 프로젝트를 지원하는 주요 자금 조달 수단으로 EB-5 프로그램을 시작했습니다.회사는 확장된 EB-5 프로젝트 포트폴리오를 통해 양질의 투자 및 개발 기회를 제공하기 위해 최선을 다하고 있습니다.

“홈2 스위트와 마찬가지로 타운플레이스 스위트 개발에는 상당한 소유주 지분 투자가 포함됩니다.Greene은 이렇게 EB-5 투자자들과의 이해관계를 일치시킴으로써 공동의 헌신을 촉진하고 프로젝트의 성공에 대한 확신을 강화하며 모든 이해관계자들을 안심시킬 수 있습니다”라고 덧붙였습니다.

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

피치트리 그룹 소개
피치트리 그룹 상업용 부동산에 기반을 둔 위축된 시장에서 기회를 파악하고 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 참조하십시오.

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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: