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Questions & Answers

Where should the $1 million investment be during I-526 processing?

Once the I-526 is submitted and pending, where exactly will my $1 million investment be? Does it go into an escrow account? Can I keep the EB-5 funds in an attorney trust account?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    The required investment funds have to be either in the process of investing or already have been invested. Therefore, the funds can be first transferred to the escrow account.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It depends on the project. Some hold the investment funds in escrow or in a sub account of the project until approval. Some use it immediately upon filing the I-526. We do not recommend using attorney trust accounts, though we have seen those used. Consult an immigration attorney to review the project documentation before making an investment.

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    John J Downey

    Immigration Attorney
    Answered on

    Probably the best way is an escrow account with a bank.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    While the investment fund could be in an escrow account, it should be in the business escrow rather than in your attorney's trust account to be able to show that you have committed the investment to the business. The sooner the money is deployed and can be at risk to create the requisite number of jobs, the better. Please note that it is a trend of USCIS recently to want to see that the funds were actually put at risk and working to create the jobs rather than sitting in an escrow.

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