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How long will I have to transfer money to an EB-5 regional center?

I am looking for an EB-5 regional center to invest through. Once I choose one, how much time will I have to transfer the money for investment? Does the investment happen before or after I start my EB-5 application with the government?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Most of the regional center projects will require you to wire funds and sign all offering documents before you can file the I-526, as you have to be accepted into the regional center project as an EB-5 investor. You should hire an EB-5 immigration attorney and conduct due diligence of a regional center project before you invest.

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    Ying Lu

    Immigration Attorney
    Answered on

    If you invest through a regional center, most of them require investors to make the investment before the petition can be filed.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Technically, you have to have invested or be in the process of investing the funds upon the filing of the I-526 petition, but most, if not all, investors deposit the entire investment amount into the project or into escrow before filing.

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    John J Downey

    Immigration Attorney
    Answered on

    This depends on the project you invest in. Once you choose one, you could, upon agreement, put your funds in an escrow account and not release them until a certain event occurs, i.e. your approval. You should have invested or be in the process of investing at the time you file your application.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You must transfer before you file your application. However, you are advised to retain immigration counsel before you transfer to ensure your source of funds report is immigration compliant.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You will need to have your money with the regional center before you file the I-526. Most of the regional centers will give you wire transfer instructions after the paperwork is completed.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You must make the investment prior to the submission of your I-526 petition. The regional center will have a limited number of slots for the particular EB-5 project, so for a number of reasons, it will be important to know where you are with respect to the timing of the other slots being filled.

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    Ally Bolour

    Immigration Attorney
    Answered on

    When or how you transfer money to the regional center depends on the requirements at the time of investment. I suggest you contact your attorney on the logistics of the transfer.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    The investment funds are placed into a subscription escrow/escrow prior to the filing of any USCIS related forms. Once you choose, you typically sign the escrow agreement, subscription agreement and offering memorandum. You then typically receive the business plan and placement memorandum, and then the funds are transferred and held in escrow.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    You must make the full investment into a project before you file the I-526.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    Your investment in the regional center business entity must be made before your I-526 is filed. Your investment immigration attorney should be able to clarify this aspect for you.

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    Ian E Scott

    Immigration Attorney
    Answered on

    Your investment must be made prior to filing the I-526. You can file the petition once you have selected the regional center and transferred the funds.

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    Kyle Barella

    Immigration Attorney
    Answered on

    An EB-5 regional center project will require you to fully subscribe to the project (i.e. invest the capital contribution) before your attorney submits your I-526 petition to USCIS. Please feel free to reach out to an attorney should you have any additional questions regarding a potential EB-5 investment.

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    Michael A Harris

    Immigration Attorney
    Answered on

    You will need to transfer the funds before you can file the petition with the government. With regional centers today, many are requiring the funds to be released to their commercial accounts upon your subscription or signing of their offering documents. Other regional center projects will allow your funds to remain in a third party escrow account until your EB-5 petition is approved by the government. So, while you will have to come up with the funds prior to filing with the government, whether your funds are released and fully available for the project to spend depends on each project. I suggest you speak with an experienced specialist in EB-5 matters to guide you in your regional center and project selection.

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