On October 11, 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.
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.
