Form I-526E, also known as the "Immigrant Petition by Regional Center Investor," is the first petition filed by a foreign investor seeking to secure U.S. permanent residence through an investment in a new commercial enterprise associated with a USCIS-designated regional center. This blog post will provide a guide to Form I-526E, including an overview, documentation required for filing the petition, instructions for completion, costs, processing times, and how Peachtree Group can assist you throughout the application process. This is slightly different than a I-526 form, which is an "Immigrant Petition by Standalone Investor." You can read more here about the two different forms.
The I-526E form is the initial petition filed by an individual seeking an EB-5 visa. This form is submitted to the U.S. Citizenship and Immigration Services (USCIS) and is designed to demonstrate the applicant has made or is actively in the process of making a qualifying investment in a new commercial enterprise (“NCE”) associated with a USCIS -designated regional center, which will benefit the U.S. economy by creating ten (10) full-time jobs for U.S. workers. Approval of the I-526E petition is a crucial step in obtaining an EB-5 visa, which grants the investor and their immediate family members conditional U.S. permanent residency.
In short, Form I-526E is your promise to fulfill the requirements of the EB-5 program.
Given the complexity of the Form I-526E application, we advise our EB-5 investors to engage immigration attorneys with EB-5 experience to assist them with the preparation and filing of their I-526E Petition.
Filling out Form I-526E involves several steps, each requiring careful attention to detail. Generally, these steps are done by the EB-5 investor’s immigration attorney. Using the latest version of Form I-526E from the USCIS website, attorneys need the investors to provide personal details, including full name, date of birth, nationality, mailing address, physical address for the past five (5) years, employment history, as well as information about the EB-5 investor’s spouse and children.
The Form I-526E also requires information about the Regional Center and the project application. Peachtree Group provides that information as part of the I-526E Template prepared forEB-5 investors in each of our projects.
Form I-526E also asks for information about the investment. EB-5 investors provide details about the investment amount, the composition of their investment and the source of the invested funds. The EB-5 investors must submit documentation proving the investment funds have been lawfully obtained. In addition, Form I-526E asks for information about visa processing, immigration proceedings, as well as bonafides of persons involved with the Regional Center Program.
Unlike the I-526 Petitions filed before the EB-5 Reform and Integrity Act of 2022 (“RIA”), when the petitions included the offering documents, project related documents and the investor specific documents, I-526E Petitions filed post RIA are mainly comprised of documentation of the EB-5 investors’ lawful source of capital.
The typical documents filed with Form I-526E Petition includes:
1. Investment in a USCIS-designated Regional Center: Post RIA, Regional Centers must file a Form I-956F, Application for Approval of an Investment in a Commercial Enterprise before any EB-5 investors can file their Form I-526E Petitions. As evidence of an invest in a new commercial enterprise for which the Regional Center has filed a Form I-956F, the EB-5 investors should provide a copy of the Receipt Notice or the Approval Notice received from USCIS for the Form I-956F filing. Peachtree Group is providing the Receipt Notice or Approval Notice as part of the I-526E Template petition prepared for the EB-5 investors in each of our projects.
With the Form I-956F filing, Peachtree, through the Regional Center, provides USCIS the full package of the offering documents, the business plan, economic impact report, Regional Center designation letter, as well as numerous other project related documents.
Please note: USCIS specifically asked during one of their engagements not to resubmit the documents filed with the I-956F, but to include the Receipt Notice with the investor’s Form I-526E Petition.
In addition, in Part 4, Information About Your Regional Center and Project Application of the FormI-526E, the EB-5 investors are supposed to provide specific information about the filed Form I-956F, the Regional Center, the NCE and the project, which allows USCIS to associate their I-526E filing with the Form I-956F filed for the project they selected for their EB-5 investment. Peachtree is also provides this information with the Sample Form I-526E, part of the I-526E Template petition.
2. Investment: The EB-5 investors must provide evidence they have invested or are actively in the process of investing the required amount of capital. The EB-5 investors must invest $1,050,000 or $800,000 if the investment is made in a project located in a rural or high unemployment targeted employment area (“TEA”) or an infrastructure project.
The NCE is a for-profit organization formed in the United States after November 29, 1990 for the ongoing conduct of lawful business that receives, or is established to receive, capital investment from immigrant investors. Such evidence may include but is not limited to, copies of wires, bank statements showing amounts deposited into the separate account established for the NCE, evidence of monies transferred or committed to be transferred to the NCE in exchange for shares of stock that cannot be redeemed at the holder’s request, or any loan or mortgage agreement, promissory note, security agreement, or other evidence of borrowing that is secured by assets owned by the EB-5 investors (other than those of the NCE) and for which the EB-5 investors is personally and primarily liable.
3. Lawful Capital: TheEB-5 investors must provide evidence the capital they have invested or are actively in the process of investing, as well as any funds used to pay administrative costs and fees, were obtained through lawful means.
Such evidence may include but is not limited to:
I-526E Processing Time: At the time of this publishing, USCIS has yet to publish their processing time for the new Form I-526E. Invest in the USA (“IIUSA”), the industry trade association for the EB-5 Regional Center Programs, has recently published an analysis of data collected from the EB-5 industry and concluded that the I-526E Petitions associated with a project located in a rural TEA were approved in 10 months on average, with a normal range of 6 to 15 months, while I-526E Petitions associated with a project located in a high-unemployment TEA were approved in approximately 14 months on average, with normal range of 11 to 16 months.
Cost: As of November 2024, the I-526E filing fee is $11,160. If the EB-5 investors are filing their initial Form I-526E on or after October 1, 2022, they must include a separate fee of $1,000 as required by RIA. Be sure to check the USCIS website for the most up to date fee information.
Navigating the EB-5 application process can be complex. Peachtree Group offers comprehensive support to investors throughout the I-526E petition process, including:
What is the I-526E Form?
Form I-526E is an application used by foreign nationals pooling their investment with one or more qualified immigrants participating in the Regional Center Program to petition for an EB-5 visa. It demonstrates that the investor has made or is in the process of making a qualifying investment in a new commercial enterprise and meets the program’s requirements for obtaining conditional U.S. permanent residency.
What Do I Need to Fill Out an I-526E?
EB-5 investors must provide personal identification information, details about the investment amount and enterprise, evidence of the lawful source of investment funds.
What Happens After the I-526E Form is Approved?
Once Form I-526E is approved, the next step is consular processing or adjustment of status. If you are outside the U.S., you will attend a visa interview at a U.S. embassy or consulate.
If you are already in the U.S., you can concurrently file for adjustment of status with your Form I-536E Petition. After obtaining an EB-5 visa, you and your immediate family members can become conditional permanent residents, with the conditions removed upon proving that the investment has met the program requirements.
By understanding the Form I-526E Petition, you will be well-prepared to start navigating the EB-5 application process successfully. If you need assistance, Peachtree Group is here to provide expert support and ensure your application is filed accurately and efficiently.
For more information about the I-526E Form and the EB-5 Immigrant Investor Program, consider consulting the following resources:
We know the EB-5 visa process can be overwhelming. In fact, it’s famous for it.
Peachtree Group has been a trusted authority in the commercial real estate investment sector for over a decade. Over the past 17 years, we have successfully managed more than $10 billion of investments spanning acquisitions, large-scale developments and strategic lending.
Our experience in managing complicated and multi-staged projects lays the perfect foundation for guiding you smoothly through the EB-5 visa process and all the EB-5 visa requirements. Learn more about the EB-5 Process here.
The program was established in 1990 by the United States Congress with the goal to stimulate the U.S. economy through job creation and capital investment by foreign investors. The EB-5 program is the United States residency by investment program. The program requires a foreign investor invest their capital into a designated project or commercial enterprise that will create at least 10 jobs for qualified U.S. workers.
We don’t need to tell you why so many foreign nationals are looking for ways to become part of one of the world’s largest and strongest economies. The pursuit of The American Dream is a legend in its own right, and one you can readily achieve for both yourself and your family.
The EB-5 program provides a path and is a step stone to a new life in the United States. Unlike other programs that might grant temporary or conditional stays, the EB-5 visa leads to permanent residency—your chance to truly call the U.S. home.
This means you can live, work, study, and access public services just like any other resident, setting down roots for yourself and your family.
When you partner with Peachtree Group you are investing in the expertise and proven investment track record that can make this dream a reality.
Markets may be volatile, but our discipline is consistent. Opting for EB-5 with Peachtree means seizing an opportunity at a moment when the program is gaining renewed interest and visibility.
Visa slots are limited, and demand is growing — waiting could mean missing out.
With Peachtree Group, you gain a partner who will make this journey straightforward and rewarding, aligning your investment with both immediate residency needs and your broader financial goals. We structure a strategic approach that leverages the benefits and opportunities offered by the EB-5 Immigrant Investor Program.
Choosing the right EB-5 investment is a core pillar of your success.
Below we explain how Peachtree selects and manages projects, and how entrusting an expert team like Peachtree’s can play a pivotal role in your investment's success.
Peachtree has completed billions of dollars in loans and has a robust pipeline of deals. We make sure a quality subset of those deals become EB-5 investments as long as they qualify and meet all of our criteria, as well as that of the regulations of the EB-5 Immigrant Investor Program as outlined by USCIS.
This means there is a constant stream of reliable EB-5 opportunities in our pipeline.
It also means no waiting around for you, no time consuming and stressful searches for the right investment. You could get started today if you wanted to.
No two investments are the same, but our discipline and unified approach is consistent. We have a tried and tested system which has enabled us to complete billions of dollars in successful loans.
Our investments are simple; easy to understand and oversee. We have decades of proven expertise in commercial real estate, and we use this to your advantage.
Peachtree’s solid, straightforward approach enhances the stability of your investment and also allows us to handle the majority of the administrative burdens on your behalf.
This means less stress for you and more focus on the bigger picture—securing your future in the U.S. with a reliable, well-structured investment.
By choosing this pathway, you leverage Peachtree’s expertise and track record in successful real estate development and finance.
We structure the investment to satisfy the project-related requirements for the EB-5 visa.
We complete the project filings, we adhere to the reporting requirements, and our dedicated team handles all of the administrative burdens associated with the project you select to invest in.
Our years of experience have taught us that investors get more reliable, less volatile results by strategically focusing on smaller projects with a single purpose rather than larger, more complicated projects.
Our projects generally involve single-asset real estate projects costing between $20 million and $50 million. Construction timelines for these projects are generally between one and two years. Because they are smaller and less complicated, the chances of things going awry are minimized.
Smaller projects get completed more quickly than large, multi-year, multi-phase projects. We have seen other EB-5 projects involving hundreds of millions of dollars from many different sources of capital that take many years to build.
These projects may have to survive the fluctuations of multiple real estate boom and bust cycles. Unfortunately, we have seen how some of these projects do not make it to completion.
A major advantage is that our projects already have fully bridged financing - so you aren't waiting for other investors or other sources of capital to fund the capital stack before the project and construction can begin. We put in place backstop financing to ensure funds are available to complete the project regardless of external economic fluctuations. This in turn also ensures that job creation is continuous throughout the construction timeline.
One of the cornerstones of our investment strategy is our use of Senior Secured Loans.
This financing structure prioritizes the repayment of our EB-5 deals before other sources of capital in the project.
What this means for you is a substantially lower risk to your principal and a priority position in the repayment waterfall.
We designed these financial structures to enhance the project's financial stability.
Regardless of fluctuations in the financing markets, our EB-5 projects have the capital to move forward.
Our vetting process is second to none. Peachtree has invested more than $10 billion into nearly 700 different transactions over 17 years.
Peachtree Group is one of the largest lenders to the hospitality sector and one of the largest providers of private credit for commercial real estate in the U.S.
We are in the flow of the market, and we see lots of opportunities. But we only choose a small subset of the deals we review for investment.
And for EB-5, we choose an even smaller subset of projects based both on their potential for success and on their capacity to meet EB-5 criteria.
We sift through a large universe of projects to choose the deals most appropriate for your EB-5 process.
Our EB-5 team includes specialists who have helped shape the landscape of EB-5 investments.
It’s our insider understanding that means we can adapt to changes in the regulatory environment so quickly.
What this means for you is compliant projects, and spotless paperwork.
The strength of our team lies in its collective experience.
Our EB-5 specialists have decades of success in real estate, finance, and immigration law.
Peachtree Group is known for its proven track record of managing investments and guiding investors through complicated deals as dependable partners.
Our investors trust us because we are always within reach. We make the complex easier to understand by communicating with sincerity and respect.
At Peachtree, we maintain strict adherence to legal and regulatory standards. We have structured and invested in financing programs based on many complicated incentives, tax structures, and other government programs.
We combine this culture of sorting through complex laws and regulations with rigorous underwriting to make complicated programs work in simple, common-sense, conservative deals.
We bring this same culture of knowledge and compliance to our EB-5 program.
We proactively manage risks by monitoring market trends every day. We are at the forefront of regulatory changes that could impact our projects and are always quick to act.
Our approach includes specific actions like regular updates to our investment strategies to mitigate potential risks associated with economic downturns, market volatility, or legislative changes.
Our goal is to make sure your journey to U.S. residency is as smooth and successful as possible.
Peachtree Group’s investments are usually in the most senior position in a project’s capital stack, which means Peachtree’s EB-5 investments get paid back before other investors or sources of finance on our projects.
In addition, once the EB-5 capital is raised, Peachtree retains a piece of the deal in the same or lower risk position as the EB-5 investors.
Our approach here is unique because we are invested right alongside or even behind you.
We underwrite thoroughly and execute confidently.
Choose your preferred investment project and let us take care of the rest.
Our EB-5 projects generally qualify as either rural or high unemployment area designations. We do this deliberately to reduce your required financial investment and to allow you to take advantage of the reserved visa categories which minimizes your potential waiting time to enter the U.S.
As an example, one of our existing EB-5 visa investment projects is a 105-room hotel project in Boone, North Carolina.
The econometric model for this project shows 13.5 jobs per EB-5 investor. This project has received approval from USCIS confirming the job creation methodology and other EB-5 requirements.
It’s also a project that qualifies as both rural and high unemployment, giving you the best flexibility possible.
Because we invest in so many projects, you will always have a strong selection to choose from.
Boone, NC EB-5 investment project data
At Peachtree, our approach to selecting and managing EB-5 projects is grounded in minimizing risk. We want to create the best opportunity possible for a successful EB-5 investment and citizenship.
To do this, we have an entire team dedicated to vetting investment projects based on their economic viability, job creation forecasts, and financial soundness.
Our priority is to ensure they meet and exceed USCIS requirements.
Now we’ve given you a high-level overview, we are including a detailed breakdown of the process for those of you who love to get granular.
For each deal Peachtree executes, we research the sponsor, the deal, and the market. The underwriting team is looking for the right brand, operator, sponsor, and construction developer.
Rural developments require additional due diligence to make sure there is enough market demand. Sponsors receive background checks to make sure they have the experience, integrity, and financial backing to be successful.
Every deal goes through an extensive legal review from our in-house legal team headed by general counsel Kevin Cadin and outside transaction counsel for every deal.
Following legal, Peachtree employs independent third-party consultants to perform the following:
Once the deal is fully vetted it goes through Peachtree’s investment committee review. Committee members include our CEO, CFO, CIO, General Counsel, head of development and head of lending.
During this meeting the team is making sure the investment package is complete, background checks have been done and the sponsor has the experience and financial backing to be successful.
Deals go through committee review twice. Once as a screen and the second time with a full memorandum. After the second review, the committee will either approve or dismiss the deal.
We know that investing in an EB-5 project is a significant commitment. At Peachtree we feel it is important to know the people behind the project and understand the due diligence we use to evaluate every deal we bring to you.
You can talk to one of our dedicated EB-5 experts today, here.
Choosing a project managed by a knowledgeable and experienced team like Peachtree’s can be the difference between a successful investment and a problematic one.
With so much at stake, we know investors want this process to be as clean and secure as possible.
Our expertise in real estate development, finance, and the EB-5program itself gives you an unmatched foundation for stable and compliant project execution.
Choosing the right EB-5investment is a big decision that requires careful consideration.
When you partner with Peachtree, you benefit from our commitment to excellence, detailed project oversight, and an unmatched standard of compliance.
We watch out for your interests, diligently manage the EB-5 investment, and help you work through the complex EB-5 process with ease.
Here’s how you can begin your journey to U.S. residency with an EB-5 investment, guided every step of the way by our expertise and dedication to simplicity, transparency, and success.
Start by visiting our website where you can learn more about our specific EB-5 investment opportunities.
We designed our site to be user-friendly and simple.
Take a moment to fill out the contact form on our website.
When we’ve got your information, one of our investor relations managers will reach out to you.
The EB-5 Immigrant Investor Program’s intent is to stimulate economic growth and job creation in the United States by attracting foreign investment into various regions within the United States that are in need of economic stimulus and job creation.
To be eligible for permanent residency via the EB-5 Program, a foreign investor must invest a minimum of $1,050,000. This minimum investment can be reduced to $800,000 should the foreign investor invest in a Targeted Employment Area (TEA).
In this article we will:
A TEA is a designation created by the U.S. Congress and enforced by the U.S. Citizenship and Immigration Services (USCIS) to attract investment in areas that experience high unemployment rates or in rural areas. Therefore, there are two types of TEAs; Rural Areas and High Unemployment Areas. TEAs must have at least an unemployment rate of 150% of the national average.
The EB-5 Reform an Integrity Act of 2022 (RIA) brought forward visa set-aside categories or also known as reserved visas. There is a set aside of 32% of all EB-5 Visas. It created an annual set-aside of 10% of all the EB-5 visas for investments made in high-unemployment TEAs and an annual set-aside of 20% of all the EB-5 visas for investments made in rural TEAs. These set-asides offer post-RIA investors a potentially immediately available visa upon I-526Eapproval, even if they are from a backlogged country and offer an investment minimum of $800,000.
For an area to qualify as a high-unemployment TEA, an area must have an unemployment rate of at least 150% of the national U.S. average unemployment rate.
High-unemployment TEAs can now only include the census tract of the investment project and directly adjacent census tracts. This new definition was established by the EB-5 Reform and Integrity Act of 2022 (RIA). TEA designations are granted by The U.S. Citizenship and Immigration Services. High-unemployment designation is valid for two years and can be renewed in two-year increments.
The set-asides offer post-RIA investors a potentially immediately available visa upon I-526E or I-526 approval, even if they are from a backlogged country.
A Rural TEA is an area that is outside of a metropolitan statistical area and beyond the outer boundary of a city or town with a population of 20,000 inhabitants or more. Rural TEAs encourage EB5 rural investment in rural areas that have a need for economic development and job creation.
Rural EB-5 petitioners are eligible for priority processing, although the exact timeline for processing is not yet defined by USCIS. The EB-5 Reform and Integrity Act of 2022 established an annual set-aside of 20% of all EB-5 visas for investments made in rural TEAs. This set-aside offers post-RIA investors a potentially immediately available visa upon I-526Eapproval, even if they are from a backlogged country. Additionally, rural EB-5petitions may receive priority processing, which is an average of a 12-monthprocessing time.
A targeted employment area list can be found by using a TEA mapping tool. Invest in the USA (IIUSA), the EB-5 industry’s trade organization provides an interactive TEA mapping tool found here: https://iiusa.org/resources-data/targeted-employment-areas/. One can access the TEA map and review in-depth data about each census track. The map is updated annually with labor data released by the U.S. Bureau of Labor Statistics by county.
The EB-5 investment amount in a Rural or High Unemployment Area TEA or Infrastructure project is reduced to $800,000 from $1,050,000 based on geographic and unemployment data issued by the U.S. Bureau of Labor Statistics.
In addition to targeted employment areas, infrastructure projects also have a visa set-aside of 2% of the total EB-5 visas, and they are treated similarly to TEA EB5 projects in terms of the required investment amount.
The EB-5 Reform and Integrity Act of 2022 defines between "targeted employment areas” and “infrastructure” projects; however, infrastructure projects are treated similarly to TEA projects as they have the same investment amount of $800,000 and also have a visa set-aside of 2% of the total EB-5 visas.
Peachtree Group projects are in Targeted Employment Areas. Current projects include:
Here’s how you can begin your journey to U.S. residency with an EB-5 investment, guided every step of the way by Peachtree Group's expertise and dedication to simplicity, transparency, and success. Learn more about The Peachtree Advantage.
Start by visiting our website where you can learn more about our specific EB-5 investment opportunities.
We designed our site to be user-friendly and simple.
Take a moment to fill out the contact form on our website.
When we’ve got your information, one of our investor relations managers will reach out to you.
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.
