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Questions & Answers

Can I accept investments before the I-924 is approved?

An investor wants to invest at same time I am filing the I-924; that is, prior to the regional center''s approval. Assuming the regional center is approved, and the entire amount is at risk at the time of later filing the I-526, will the early investment count for I-526 purposes? How can I make this work for EB-5? If it doesn''t work, what are my alternatives?

Answers

  • Avatar

    Reza Rahbaran

    Immigration Attorney
    Answered on

    Yes, the investment may be received prior to I-924 approval. However the I-526 petition should not be filed until the I-924 petition has been approved.

  • Avatar

    Lei Jiang

    Immigration Attorney
    Answered on

    It''s okay. You should deposit the fund in an escrow account and wait until the I-924 is approved, then file the I-526.

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    If the investment is made into the new commercial enterprise before the regional center is approved, the investment can be EB-5 compliant only if the investment led to 10 direct, full-time jobs being created.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The early investment will count for I-526 purposes, and it should work for EB-5. Notes of caution, just in case it doesn''t work, make sure the money is in an escrow account so that it can be easily returned to the investor. Advisably, engage an EB-5 attorney for further guidance on this matter.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    USCIS may (key word) hold that I-526 until such time as the I-924 is adjudicated, but this would need further review of your timelines and proposed processes.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Yes, you can.

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