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How late can an investor invest in an EB-5 project—for example, a project nearing completion?

If an EB-5 project is near completion but still accepting new EB-5 investors, can I invest while still following EB-5 requirements?

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    Answered on

    It depends on their job creation timeline and offering timeline, which an immigration attorney can help review with you, after looking at the project documents.

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    If there are openings, you can invest in the EB-5 Regional Center project nearing completion. You will have to undertake due diligence and ask how your EB-5 investment funds will create the required jobs at that stage of the project.

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    It is possible if the offering documentation provides EB-5 funds are used to replace bridge financing.

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    Sure. Check the business plan and offering documents to be sure, but it is not uncommon for EB-5 money to be earmarked for use at the end of a project (for example, to complete tenant improvement work on a mixed-use project). It depends on the proposed financing structure, use of funds, and project, but it is possible.

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    Answered on

    Yes, as long as there is space available, you can still file your EB-5 petition, Form I-526, even if the project is near completion as long as the EB-5 Regional Center project is still accepting investors and as long as the project can continue to keep your funds "at-risk" through the process, which will lead to the removal of your conditional Lawful Permanent Residency.

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    Yes, you can invest as long as your investment meets all EB-5 requirements. First, you must invest either $500K or $1million. Second, the funds must come from a legal source. Third, the investment must result in the creation of at least 10 jobs. Prior to proceeding further, engage an attorney and discuss the agreement of the investment in question to ensure your interests are protected.

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    Answered on

    It would depend on the project and what job creation methodology was used. If the project had received approval based on a certain number of EB-5 investors and you are filling one of those approved investor positions, then entering the project late is not a problem. If the project is trying to add more investors than was previously approved, you may run into problems. You need to check on the project documents with particular emphasis on the economic report and job creation methodology.

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    Answered on

    The simple answer can be "yes" but I recommend you consult with a registered Broker-Dealer and an experienced Investment Immigration Attorney before making your investment.

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    As long as the project is accepting investors and shows 10 jobs created per EB-5 investor, among other requirements, it should not be a problem.

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    The guidelines are clear that this is acceptable if they use EB-5 to replace bridge or interim financing. The key issue is providing proof the EB-5 funds were used to replace the interim financing.

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