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.
Many foreign investors have considered investing overseas to achieve portfolio diversification. Investing in US commercial real estate funds can be a particularly attractive option. In addition to shifting some assets to stable, US dollar-denominated assets, a portfolio of commercial real estate assets should provide less volatile returns than a single residential home or single asset commercial real estate transactions.
Investing in commercial real estate debt involves providing loans to property owners or developers. This strategy brings forth several key benefits:
The Appeal of Equity Investments involves owning a stake in the property itself. Here are the notable advantages of equity investments:
A savvy investor can further optimize their portfolio by diversifying across both debt and equity investments in commercial real estate. This hybrid approach balances stable income from debt investments with the potential for higher returns from equity investments. It is particularly appealing in times of economic uncertainty, providing a hedge against market volatility and multiple avenues for wealth generation.
Private equity real estate funds in the United States provide an opportunity for investors to diversify in two ways. First, by diversifying away from ordinary, publicly traded debt and equity securities, investors can earn returns that are uncorrelated to the broader stock market. Second, by investing in a fund with professional management, investors can earn returns that are less volatile than single asset investing while benefiting from the expertise and experience of the management team.
When looking to invest with a fund manager, consider the track record of the fund as a whole, and the experience of the individual executives on the team. In your due diligence, understand the investment process of the manager: how do they identify, underwrite, close, and administer individual transactions? Do they have a meaningful focus based on their experience? Have they established a successful track record?
Answering these questions will get you on the path to finding a reputable fund manager motivated to protect and grow your investment. It’s not easy to invest overseas, but with the right knowledge and partner, it can be a very rewarding experience.
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.
The EB-5 Visa program is a pathway for foreign investors seeking permanent residency in the United States. The EB-5 Regional Center Program stands out because it pools investments in specific geographic areas, stimulating economic growth and job creation.
To improve the administration of the Regional Center Program, on February 5, 2024, a bipartisan group of four US Congressmen introduced the EB-5 Regional Center Program Advisory Committee Authorization Act. Adam Greene, EVP EB-5 for Peachtree Group was in Washington D.C. recently meeting with congressional staffers as part of the IIUSA quarterly fly-in. It was a hectic day meeting and discussing EB-5 with 18 Congressional offices. Here is what the IIUSA delegation explained to the staffers:
The EB-5 Regional Center Program Advisory Committee Authorization Act, which is supported by IIUSA, would establish an advisory committee inside U.S. Citizenship and Immigration Services (USCIS) to communicate, coordinate, and advise USCIS on administering the Regional Center Program.
The purpose of the Act is to establish an advisory committee to communicate, coordinate, and advise USCIS on administering the Regional CetnerProgram.
The EB-5 Regional Center Program Advisory Committee Authorization Act will help EB-5 investors navigate the complex landscape of the EB-5 Program in the United States. As an officer of IIUSA and a member of the Public Policy committee, Peachtree’s Adam Greene is able to participate in discussions with policymakers as they refine the details of this legislation. EB-5 investors can look forward to potential enhancements that will strengthen their confidence in the program and pave the way for successful outcomes.
For more information on the EB-5 Visa Program or Peachtree Group’s offerings, Contact Us.
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.
On October 11, 2024 the U.S. Citizenship and Immigration Services, (USCIS), the American federal agency that oversees immigration, issued long-awaited guidance about the investment period (known as the “sustainment period”) required for EB-5, America’s residency by investment program.
The guidance stated that investors may receive back their required $800,000 capital after just two years from investing. While many in the EB-5 world have been waiting for USCIS to clarify the sustainment period requirement, the October 11 USCIS policy leaves open many questions, including whether the guidance itself was issued in accordance with proper procedures required under US law.
The Official Statute
The official statute regarding EB-5 was updated with the passage of the “EB-5 Reform and Integrity Act of 2022” (the “RIA)” on March 15, 2022. As with the federal agency administering any official statute, USCIS must write formal regulations under a proscribed process. Only after a formal rulemaking process, which requires a public notice and comment process, do regulations become the rules under which the law is administered.
While EB-5 program participants have been asking USCIS to issue guidance and regulations, it is not clear that USCIS has the legal authority to change existing rules unless and until it follows the rule making process. This is especially true in cases where existing regulations can be read as consistent with the new statute, as in the case of the sustainment period.
The Cause of Confusion
The cause for this confusion is statutory language in the new law itself. The law requires that the would-be immigrant’s investment “is expected to remain invested for not less than 2 years.” The section of the EB-5 law regarding “removal of conditions”, or when the investor has a permanent green card, was edited to eliminate specific wording that the investor “sustain” the investment. The removal of conditions section, however, allows for an investor to have an extra year, beyond the initial two-year period of conditional residency, to prove job-creation only if they keep their capital invested.
USCIS Interpretation
It seems that USCIS interpreted these two provisions to require just two years of active investing. USCIS went further to require that the initial investment remain in the initial project until sufficient jobs have been created. However, the new law also provides for “redeployment” if an initial investment is repaid before an investor is qualified to be repaid.
Remain Invested or Redeployment
A requirement to redeploy capital is illogical if the initial investment must satisfy the minimum sustainment period and job-creation requirements. The ability to withdraw capital after just two years seems illogical if the law allows an extra year to prove job-creation only if that capital remains invested for longer. When the RIA is read in its entirety, the new USCIS guidance does not seem to hold up.
Investment Timeline Defined
The question of when the two-year investing timeline starts is also unanswered. The USCIS guidance indicates that the start date is when the full amount of the investment is “made available to the job-creating entity.” Is this when the EB-5 money is spent? When the loan is closed, but not yet funded? Can the EB-5 funds be deposited and not used by the job-creating entity? How does bridge financing affect this calculation? These are all unanswered questions.
Structuring EB-5
In conclusion, EB-5 project sponsors must structure the EB-5 instrument responsibly, and EB-5 investors should not just rush into a deal that promises money back in two years. For now, it seems safest to maintain the EB-5 investment in the initial project for at least two years after the full amount of the EB-5 funds have been transferred to the JCE/borrower. Investors should stay informed of ongoing developments about the sustainment period, as this issue is sure to come up, again, in courts or USCIS policy in the future. More importantly, no matter what may or may not have changed in the rules, EB-5 investors must evaluate the financial and immigration risks of potential investments thoroughly.
To learn more about the EB-5 Visa program and Peachtree’s EB-5 offerings, fill out our contact form.
