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When do I have to make the full EB-5 direct investment?

I intend to do a direct investment of $500,000 in a TEA. At the time of I-526 filing, do I need to show the entire $500,000 in an escrow account with source of funds? Or can I show a fraction (e.g. $300-400,000) that is being used to buy infrastructure with a game plan of investing the remaining amount over a certain time? I am wondering since I-526 processing takes 16 months and it would be good to have the buffer if the investment can be ''trickled in.''

Answers

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    Xiaosheng Huang

    Immigration Attorney
    Answered on

    You need to show the entire $500,000 funds with the legal source of funds.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Although the EB-5 law allows for an investor to be "in the process of investing," USCIS requires that the full amount of required capital be at risk and committed to the new commercial enterprise before I-526 filing. Therefore, in reality, there is no "trickling in" allowed.

  • Avatar

    John J Downey

    Immigration Attorney
    Answered on

    You may make incremental payments, but it all depends on the business plan that is submitted. If the plan calls for incremental payments and the plan is accepted by USCIS, then you are alright.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    We do recommend to our clients that their full investment be made prior to the filing of the I-526. However, circumstances may vary - I recommend you speak with your investment immigration attorney directly on this question, as well as your business plan professional.

  • Avatar

    Ian E Scott

    Immigration Attorney
    Answered on

    The full $500,000 must be invested when you file the I-526.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It is best to have the full amount invested at the time of filing. Some have had denials without the full amount.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Technically, the law requires the investor to have invested the personal funds or be in the process of investing. Generally, we recommend having the entire investment amount in escrow at the time of filing the I-526 petition. Phasing the investment may result in a conclusion that the investment requirement has not been met. You may need very specific and binding documents to show you will make the remaining investments at specified times.

  • Avatar

    Raymond Lahoud

    Immigration Attorney
    Answered on

    You must show the availability of all funds.

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