美国公民及移民服务局（USCIS）最近宣布，I-526E（区域中心投资者移民申请）的申请费大幅增加204％，这是EB-5移民投资者流程中至关重要的第一步。这种费用调整对潜在的EB-5投资者具有短期影响。本文深入探讨了费用增加的细节及其对通过美国永久居留权寻求美国永久居留权的个人的潜在影响 EB-5 计划。
EB-5移民投资者计划为外国投资者提供了一条通过对为美国工人创造就业机会的新商业企业进行合格投资来获得美国绿卡的途径。I-526e申请是申请流程的重要组成部分，是表明投资者对该计划承诺的第一步。
根据美国公民及移民服务局网站（美国公民及移民服务局费用规则常见问题解答 | 移民局），2024 年 4 月 1 日，I-526E 费用将从 3,675 美元增加到 11,160 美元，增长204％。这一调整是移民局为支付与处理和裁决移民申请相关的不断上涨的费用所做的更广泛努力的一部分。费用上调适用于所有新的 I-526E 申报。EB-5利益相关者仍在等待移民局进行新的EB-5法（2022年EB-5改革与诚信法案，或 “RIA”）要求的单独收费研究。RIA第106条要求美国公民及移民服务局对及时裁定EB-5相关申请所需的费用水平进行费用研究。2024年4月1日的费用上涨与这项所需费用研究可能导致的未来费用增加是分开的，因此投资者应随时了解未来可能的进一步上涨。
移民局提高 I-526E 申请费的决定为EB-5移民投资者计划本已错综复杂的格局引入了一个新的维度。建议潜在投资者仔细评估最新的费用结构，与移民专业人士接触，寻求量身定制的建议，并根据个人财务状况做出明智的决定。由于EB-5计划仍然是获得美国永久居留权的有吸引力的途径，投资者应随时了解情况并适应变化，以成功应对不断变化的格局。
桃树集团目前的产品结构旨在使投资者有资格申请EB-5计划。
要了解有关EB-5的更多信息以及 Peachtree的EB-5产品，联系 agreene@peachtreegroup.com。
关于桃树集团
桃树集团 是一个 投资公司推动增长 拥有多元化的商业房地产资产和其他风险投资组合，专攻酒店业。自成立以来，我们已经进行了数百项投资，重点是房地产收购、开发和贷款。今天，我们管理着数十亿美元的股权，并辅之以旨在保护、支持和增加您的投资的服务。
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:
