EB-5移民投资者计划的目的是通过吸引外国投资进入美国境内需要经济刺激和创造就业机会的各个地区，刺激美国的经济增长和创造就业机会。
通过EB-5计划获得永久居留资格，外国投资者必须至少投资105万美元。如果外国投资者投资目标就业区（TEA），则最低投资额可以减少到80万美元。
在这篇文章中，我们将：
TEA 是由美国国会设立并由美国国会强制执行的名称 美国公民及移民服务局（USCIS） 吸引对失业率高的地区或农村地区的投资。因此，有两种类型的TEA：农村地区和高失业率地区。TEA的失业率必须至少为全国平均水平的150％。
2022年《EB-5诚信改革法》（RIA）提出了签证预留类别或也称为保留签证。所有EB-5签证中有32％是预留的。它规定每年预留所有EB-5签证的10％，用于投资高失业率的TEA，并每年预留所有EB-5签证的20％，用于对农村TEA的投资。这些预留款为后RIA投资者提供了在I-526E批准后可能立即获得的签证，即使他们来自积压的国家，并且提供的最低投资额为80万美元。
要使一个地区有资格成为高失业率的TEA，该地区的失业率必须至少为美国全国平均失业率的150％。
高失业率的TEA现在只能包括投资项目的人口普查区域和直接相邻的人口普查区域。这个新定义是由2022年《EB-5改革与诚信法案》（RIA）确立的。TEA 称号由美国公民及移民服务局授予。高失业率认证的有效期为两年，可以每两年续期。
这些预留款为后俄新社投资者提供了在 I-526E 或 I-526 批准后可能立即获得的签证，即使他们来自积压的国家。
农村TEA是大都市统计区之外且人口在20,000或以上的城市或城镇的外部边界以外的区域。农村TEA鼓励EB-5农村投资于需要经济发展和创造就业机会的农村地区。
尽管移民局尚未确定确切的处理时间表，但农村EB-5申请人有资格获得优先处理。2022年的《EB-5改革与诚信法》规定，每年预留所有EB-5签证的20％，用于对农村茶叶的投资。这笔预留款为后RIA投资者提供了在I-526E批准后可能立即获得的签证，即使他们来自积压的国家。此外，农村的EB-5申请可能会得到优先处理，平均处理时间为12个月。
使用TEA制图工具可以找到目标就业领域清单。投资美国（IIUSA），EB-5行业的贸易组织提供了一个交互式的TEA映射工具，可在此处找到：https://iiusa.org/resources-data/targeted-employment-areas/。人们可以访问TEA地图并查看有关每个人口普查轨道的深入数据。该地图每年根据美国劳工统计局发布的各县劳动力数据进行更新。
根据美国劳工统计局发布的地理和失业数据，农村或高失业率地区TEA或基础设施项目的EB-5投资额从105万美元减少到80万美元。
除了目标就业领域外，基础设施项目还预留了占EB-5签证总额的2％的签证，就所需的投资金额而言，它们的待遇与TEA EB5项目类似。
2022年的《EB-5改革与诚信法》定义了 “目标就业领域” 和 “基础设施” 项目；但是，基础设施项目的待遇与TEA项目类似，因为它们的投资金额相同，为80万美元，并且预留的签证占EB-5签证总额的2％。
桃树集团的项目位于目标就业区。当前的项目包括：
在Peachtree Group的专业知识以及对简单、透明和成功的奉献精神的指导下，您可以通过以下方式通过EB-5投资开始获得美国居留权的旅程。了解有关 Peachtree 的优势。
开始于 访问我们的网站 在这里您可以了解有关我们特定EB-5投资机会的更多信息。
我们将网站设计为用户友好且简单。
花点时间 填写联系表 在我们的网站上。
当我们获得您的信息后，我们的一位投资者关系经理将与您联系。
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.
For international investors dreaming of permanent U.S. residency, the EB-5 Immigrant Investor Program offers a promising pathway—but navigating its complex landscape, which includes EB-5 visa annual limits, requires more than just capital.
Imagine investing substantial funds in a U.S. project, only to discover that your country's immigration quota could dramatically impact your timeline for obtaining a green card. Each year, the United States Citizenship and Immigration Services (USCIS) implements intricate EB-5 annual limits and country-specific caps that can significantly affect your immigration journey.
These regulations aren't just bureaucratic footnotes; they're critical strategic considerations that can mean the difference between immediate progress and years of unexpected waiting. Read on to learn what you need to know about navigating these restrictions.
Conventional wisdom states that the EB5 visa country cap is calculated within each preference category, not across all preference categories.
Conventional EB-5 wisdom on country caps is wrong.
A US Federal Register announcement dated March 28, 2023, dramatically transformed how EB-5 visa annual limits are calculated. This update represents a significant change in understanding EB-5 country limits, offering new perspectives for investors navigating the complex immigration landscape.
Since April 2023, the latest news on EB-5 visa calculations reveals a comprehensive approach to annual limits:
This approach means immigrants from a particular country are not subject to EB-5 country limits until applications across ALL preference categories reach 7% of the total available visas.
The USCIS annual limits are governed by a nuanced 7% country cap mechanism designed to prevent any single country from dominating immigration allocations. Here are the three basic things you need to know to understand how the limits are governed:
Four countries have reached the critical 7% cap across family-based and employment-based visas, they are China, India, Mexico and the Philippines.
For China and India, this means significant waiting periods and strategic investment planning. Mexico and the Philippines experience minimal practical impact due to lower EB-5 application volumes.
Investors from countries outside of China and India enjoy significant advantages in navigating EB-5 annual limits. These investors face fewer restrictions, with greater flexibility in project selection and potentially faster processing times under current USCIS regulations.
Conversely, investors from China and India encounter more complex EB-5 country limits. These nations experience heightened scrutiny and longer waiting periods, requiring more sophisticated immigration and investment strategies to navigate the annual visa constraints.
Further, the EB-5 country limits are treated separately for the unreserved EB-5 category and each of the reserved categories (rural, high unemployment, and infrastructure). To understand current backlogs for the reserved categories, and any recent changes, pay close attention to the monthly visa bulletin put out by the Department of State.
Understanding the EB-5 annual limit is crucial for successful immigration planning. Targeted Employment Areas (TEAs, both rural and high unemployment areas) offer a strategic approach to managing visa allocations, providing:
Proactive planning becomes essential in managing USCIS annual limits. Investors should consult EB-5 immigration experts to help develop comprehensive long-term strategies and understand intricate priority date implications.
While USCIS annual limits and country caps are critical, they should not be the sole focus of your EB-5 investment strategy. Be sure to consider project quality, job creation potential, long-term investment objectives and your own personal and family immigration goals.
The EB-5 visa landscape continues to evolve, with recent USCIS updates providing new opportunities and challenges. By understanding the nuanced approach to annual limits and country caps, investors can make informed decisions that align with their immigration and investment aspirations.
Ready to navigate the complexities of EB-5 visa annual limits? Contact Peachtree Group today for a personalized consultation.
Peachtree Group is an investment firm driving growth with a diverse portfolio of commercial real estate assets and other ventures, with a specialty in hospitality. We’ve executed hundreds of investments since inception with a focus on real estate acquisition, development, and lending. Today, we manage billions in equity, augmented by services designed to protect, support, and grow your investment.
Peachtree Group has an EB-5 visa by investment program which allows foreign nationals the opportunity to attain permanent residency in the United States. The EB-5 visa program allows you to invest in job creating projects in the U.S. creating a path to a green card for you and your family. The minimum investment is $1,050,000. However, investment in Targeted Employment Areas reduces the minimum cost to $800,000. Learn more about the EB-5 visa by investment program.
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Form I-485, or the "Application to Register Permanent Residence" allows an EB-5 investor to adjust their investor's status from a non-immigrant to a conditional permanent resident (CPR). To take advantage of this, the EB-5 investor must already be in the United States lawfully on a non-immigrant visa such as a F-1 or H-1B. The form is generally filed after the I-526E Petition which is the first step in the EB-5 visa process. This blog post explains how the Form I485 fits into the overall EB-5 process, the essential documents needed, and how to avoid potential delays in the adjustment of status journey.
The passing of the EB-5 Reform and Integrity Act of 2022 (“RIA”) allowed EB-5 investors to file Form I-485 concurrently with Form I-526E if visas are available. This is called concurrent filing and allows investors to remain in the US while their application is processed. In short, if you are in the U.S. you can stay in the U.S. while you wait for the adjudication of your Form I-526E Petition.
Once the I-485 is approved, the investor becomes a conditional permanent resident which is good for two years. During this time, they need to fulfil the promise they made with the I-526 form to invest in a project that creates US jobs. In order to remove the conditional and become a permanent resident, the investor must file Form I-829 or the "Petition by Investor to Remove Conditions on Permanent Resident Status". Once this is granted, the investor and their eligible family members receive permanent green cards.
Investor Benefits During I-485 processing:
While the I-485 is processing, EB-5 investors may also file a Form I-765, "Application for Employment Authorization" and Form I-131, "Application for Travel Document" to receive an employment authorization and travel permit, which allows them to work in the US and travel while their applications are pending.
Peachtree Group encourages ourEB-5 investors to consult with their immigration attorney and to read through the Form I-485 form instructions as the specific evidence required with theForm I-485 application may vary depending on the immigrant category you are filing under.
Documents required to be submitted with your Form I-485 include:
As November 2024, the filing fee for Form I-485 is $1,440. The EB-5 investor pays additional filing fees if they are also filing Form I-765 and Form I-131. Be sure to check the USCIS website for the most up to date fee information. In addition, this site has information on what to do while you wait for your green card application.
By following the I 485 form instructions and submitting all the required evidence and supporting documentation at the time of the Form I-485 filing, EB-5 investors may avoid receiving a Request for Evidence (“RFE”) from USCIS.
Tips to prevent receiving an RFE include:
For more information about the I-526E Form and the EB-5 Immigrant Investor Program, consider consulting the following resources:
