+1-800-997-1228
Questions & Answers

When and how do I transfer my capital to the company in which I am investing?

Once I have chosen a company in which to invest, when and how do I transfer my capital to them? How do I show proof of investment on my I-526 application?

Answers

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    The EB-5 regulations allow the investors to have invested or be in the process of investing at the time of the filing of the I-526 petition. The personal investment funds can be either in the escrow account or be invested in the new commercial enterprise.

  • Avatar

    John J Downey

    Immigration Attorney
    Answered on

    This will all be done according to the agreements you sign with the company.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    If it is a regional center project in which you are investing, the project-offering documents should contain the terms and conditions of how you will make a capital contribution ($500,000) and how you will pay a syndication fee (varies by regional center). These documents generally include an escrow agreement and subscription agreement among others. If it is a direct investment model, a commercial enterprise should also have documents that spell out the investment terms. You must have funds-tracing documents to your investment that will track that you have made your original investment and that the entity in which you intend to invest has received it. It is highly advisable that you engage the legal services of an experienced EB-5 immigration attorney, as well as conduct due diligence of the entity in which you intend to invest prior to doing so.

  • Avatar

    Nima Korpivaara

    Immigration Attorney
    Answered on

    The regulations require an at-risk investment at the time of I-526 filing. “At-risk” means that the investment has been irrevocably committed. Essentially, the investment is in a place where you are unable to retrieve it. So the investment will need to be placed directly into the job-creating enterprise, or a designated escrow account for the job-creating enterprise. The investment is generally wired from your personal account to either the job-creating enterprises bank account or designated escrow account. The evidence USCIS will require to prove the investment will be a bank statement showing the withdrawal of the investment, wire transfer receipt, and then either a bank statement from the job-creating enterprise or confirmation letter stating the investment has been received.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    I would first retain Immigration/EB-5 counsel to do a preliminary analysis of your proposed source and transfer of funds, as transferring funds from a source that cannot be authenticated will cause many delays. Once you and your attorney have an idea of how the funds will be transferred, you would likely follow the wire instructions of the regional center, who may keep the funds into an escrow account until you file the I-526, get your I-526 approved, or meet some other conditions that would allow for release of the funds to the new commercial enterprise earlier. With confirmation from the escrow account, or bank, that the funds have been transferred and the funds used have been authenticated (as prepared by your attorney), you should have enough to meet the requirements.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The most common way is by bank-to-bank wire transfer of the funds. You can show the bank statements and bank transfer receipts to confirm the investment has occurred.

  • Avatar

    Shahzad Q Qadri

    RC Creator
    Answered on

    The funds have to be transferred before your petition is filed. It can be held in escrow or deposited into the account of the company if you are wiring the funds. Proof of the wire shall suffice.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.