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Questions & Answers

When must an EB-5 pooled investment be completed?

In a direct EB-5 project seeking several investors (pooled investment), must all of the investments be completed at the same time? Or can the investments be made in stages/phases?

Answers

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    Each investment will have to lead to the creation of ten full time employment positions. Depending on the business plan, the investments may be staggered.

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    Xiaosheng Huang

    Immigration Attorney
    Answered on

    You can manage your business in stages/phases, and the investment can be made in stages too. But that all depends on the type of your business and business plan. Generally, it is analyzed case by case.

  • Avatar

    Echo Meisheng King

    Immigration Attorney
    Answered on

    It is possible for several investors to invest in stages as long as the documents drafted reflect the timeline of the corresponding job creation with each investment.

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    John J Downey

    Immigration Attorney
    Answered on

    This will all depend on the business plan that you submit for the project. If it makes good business sense to stagger the investors and it is accepted by USCIS, then it is OK.

  • Avatar

    Robert Lee

    Immigration Attorney
    Answered on

    The investments can be made later at different times for a direct petition. Each investor does not have to wait for the pool to be filled as long as they can show job creation from the investment.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Investments can be spread out, but please note that each investor will be responsible for the creation of 10 jobs. That is, you may not be able to go back to jobs created before a late investor's investment and give that late investor credit for those early jobs. If possible, try to keep the investors close together.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Stages are possible. It needs to be structured correctly.

  • Avatar

    Sufen Hilf

    Immigration Attorney
    Answered on

    Investments can be made in stages. But before you file EB-5 petition I-526, the required amount has to be "invested."

  • Avatar

    Ian E Scott

    Immigration Attorney
    Answered on

    The investment can be made in stages, but the investment for the EB-5 applicants has to be made prior to the application.

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