The United States Citizenship and Immigration Services (USCIS) has recently announced a significant 204% increase in the filing fees for the I-526E, Immigrant Petition by Regional Center Investor, the crucial, first step in the EB-5 Immigrant Investor process. This adjustment in fees has near-term implications for prospective EB-5 investors. This article delves into the details of the fee increase and its potential impact on individuals seeking U.S. permanent residency through the EB-5 program.
What is an I-526E?
The EB-5 Immigrant Investor Program offers a pathway for foreign investors to obtain a U.S. green card by making a qualifying investment in a new commercial enterprise that generates employment for U.S. workers. TheI-526E petition is a vital component of the application process, serving as the initial step in demonstrating the investor’s commitment to the program.
Details of the I-526E Fee Increase
According to the USCIS website (Frequently Asked Questions on the USCIS Fee Rule | USCIS), the I-526E fee will increase from $3,675 to $11,160, a 204% increase, on April 1, 2024. This adjustment is part of the USCIS’s broader efforts to cover the escalating costs associated with processing and adjudicating immigration petitions. The fee increase applies to all new I-526E filings. EB-5stakeholders are still waiting for USCIS to conduct a separate fee study required by the new EB-5 law (the EB-5 Reform and Integrity Act of 2022, or the “RIA”). Section 106 of the RIA requires USCIS to perform a fee study about the level of fees needed to adjudicate EB-5 related petitions in a timely manner. The April 1, 2024 increase in fees is separate from any future increase that may result from this required fee study, so investors should stay informed about potential further increases in the future.
Impact of the I-526E Fee Increase on EB-5 Investors
- Financial Considerations: The fee hike holds financial implications for EB-5 investors, as the program already demands a substantial investment. The increased filing fee adds an additional financial burden for prospective immigrants considering the EB-5 route. Investors should factor in this change when evaluating the overall cost of participating in the program.
- Decision-Making Process: The elevated filing fees may influence the decision-making process for potential investors. Individuals who were contemplating EB-5participation may want to accelerate their decision in the hopes of avoiding the higher application fee. Investors will save $7,485 by filing their FormI-526E before April 1, 2024.
- Pending Applications: Investors with pendingI-526E petitions should be aware of the fee adjustment and consider how it might impact their ongoing applications. Although it appears the new fees will only apply to petitions and applications filed on or after April 1, 2024, it is advisable for applicants to consult with immigration professionals to understand how the fee adjustment may affect their ongoing applications and could impact forms to be filed through their immigration process in the future.
- Financial Planning: The fee increases underscore the importance of meticulous financial planning for prospective EB-5 investors. Understanding the updated fee structure is crucial for making informed decisions about participation in the program and ensuring that all financial requirements are met, including the sourcing of any funds used to pay the administrative costs and fees associated with your investment.
- Consider a Partial Investment: Peachtree’s EB-5 projects are structured to allow EB-5participants to invest just part of the full $800K required investment initially, with the remainder invested over several months.
The USCIS’s decision to raise the I-526E filing fees introduces a new dimension to the already intricate landscape of the EB-5Immigrant Investor program. Prospective investors are advised to closely evaluate the updated fee structure, engage with immigration professionals for tailored advice, and make informed decisions based on their individual financial circumstances. As the EB-5 program remains an attractive avenue for obtaining U.S. permanent residency, investors should stay informed and adapt to changes in order to navigate the evolving landscape successfully.
Peachtree Group has current offerings that are structured to qualify investors to apply for the EB-5 program.
To learn more about EB-5 and Peachtree’s EB-5 offerings, fill out our contact form.
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.
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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.
Peachtree Group Advantage Highlights:
- Our EB-5 project deal size ranges from $20 million to $50 million. This means they are smaller and tend to complete construction faster than typical larger investments.
- We structure our investments as Senior Secured (Mortgage) Loans, which hold the highest rank in repayment for our investors.
- We secure backstop or bridge financing for every deal, which means our projects are fully financed and can complete construction without waiting for other sources of funding.
- The projects themselves are constructed relatively quickly, typically within 12 to 24 months. This accelerated timeline allows investors to potentially recoup their investments sooner than in the more typical, larger-scale EB-5 deals.
- Uniquely, Peachtree shares the same risks as our investors; we have real skin in the game in every EB-5 deal we invest in.
What is the EB-5 visa program?
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.
Why EB-5? Why Now?
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.
The Time is Now
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.
The Peachtree Advantage
Why You Can Trust Our Solution
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. That’s where we thrive.
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.
Here's how Peachtree does it:
Simple
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.
Small
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.
Fully Financed
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.
Senior Secured Loans
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.
Rigorous Project Selection
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.
Expertise of the Peachtree EB-5 Team
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.
Experienced Industry Leaders
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.
A Track Record of Success and Compliance
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.
Proactive Risk Management
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.
We Invest with You
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 Projects
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
Peachtree’s Project Selection and Management
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.
What our selection process looks like at a glance:
- Industry Leading Due Diligence: We carry out thorough financial, legal, and market analysis on each project to assess its viability and ensure compliance with EB-5 regulations.
- Strategic Project Management: We manage all aspects of the project lifecycle, from inception through completion. Our team makes sure each phase aligns with the planned timelines and job creation metrics to keep everything measured and well-managed.
- Comprehensive Administrative Handling: Peachtree takes care of all the project-related filing, paperwork, and reporting requirements. This means investors can focus on their investment without worrying about the significant administrative burden of the EB-5 process.
- Continuous Compliance Monitoring: Our team stays on top of changes in immigration laws and adjusts project strategies accordingly. This means you can relax knowing your project will always be compliant with the latest USCIS regulations.
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.
The Peachtree Investment Process
Phase 1: Research
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.
Phase 2: Legal Review
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.
Phase 3: Third Party Reviews
Following legal, Peachtree employs independent third-party consultants to perform the following:
- Appraisal
- Environmental review
- A plan/cost review which includes building plans
- Permit check
- Contracts due diligence
- Construction monitoring
Phase 4: Committee Review
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.
Phase 5: Final Review
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.
The Importance of a Knowledgeable Team
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.
What Peachtree Brings:
- Expert Guidance: Our team’s deep understanding of the EB-5landscape guides investors through the complexities of the immigration investment process. Our EB-5 lead, Adam Greene, was part of a team representing the industry trade group that reviewed and commented on drafts of the legislation in the heat of negotiations. The expertise we offer is genuinely unrivaled.
- Proven Track Record: Our history of successful investments gives you the reassurance you need that your EB-5 project is managed effectively. Every project should meet both immigration and investment objectives.
- Dedicated Support: You will have continuous support from us throughout the EB-5 visa process. We will be there for you, from selecting the right project to achieving permanent residency guiding you every step of the way.
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.
Taking the Next Steps with Peachtree
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.
Visit Our Website
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.
Pass Along Your Contact Information
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.
What is a Targeted Employment Area for EB-5 Investments?
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:
- Explain what is a Targeted Employment Area (TEA)?
- The difference between High Unemployment TEA, and Rural TEAs.
- How to find a Targeted Employment Area.
- Why the EB-5 investment amount is lower for Targeted Employment Areas.
- What infrastructure projects have to do with TEAs.
What is a Targeted Employment Area (TEA)?
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.
High-Unemployment TEA
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.
Rural TEA
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.
How do I find a targeted employment area?
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.
Why is the EB-5 investment amount lower for targeted employment areas?
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.
Infrastructure Projects
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
Peachtree Group projects are in Targeted Employment Areas. Current projects include:
Taking the Next Steps with Peachtree
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.
Visit Our Website
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.
Pass Along Your Contact Information
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.
What to Know Before Investing in US Real Estate
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.
Benefits of Debt Investments
Investing in commercial real estate debt involves providing loans to property owners or developers. This strategy brings forth several key benefits:
- Predictable Income: Debt investors typically earn consistent interest income from the loans they provide. This dependable income stream can particularly appeal to income-oriented investors, such as retirees.
- Lower Risk Profile: Debt investments are considered less risky than equity investments. As a lender, you have a priority claim on the property's income and assets, reducing exposure to market volatility.
- Asset-Backed Security: Commercial real estate debt is secured by physical assets, which serve as collateral, providing an added layer of security for investors in the event of default.
- Steady Cash Flow: Debt investments often have fixed interest rates and regular payment schedules, allowing investors to plan their income with greater certainty.
Benefits of Equity Investments
The Appeal of Equity Investments involves owning a stake in the property itself. Here are the notable advantages of equity investments:
- Potential for Higher Returns: Equity investors benefit from the property's appreciation in value over time. In addition to rental income, they can earn significant profits when the property is sold.
- Diversification: Investing in commercial real estate equity allows investors to diversify their portfolios further as they gain exposure to physical assets that may behave differently than traditional financial assets.
- Control and Decision-Making: Equity investors often have a say in property management and strategic decisions, allowing for more active involvement and influence over the asset's performance.
- Tax Benefits: Equity investors can use tax deductions, such as depreciation and interest expenses, to reduce their taxable income.
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.
Advantages of US Private Equity Funds
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.