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Who determines when the full EB-5 investment must be paid?

For the EB-5 visa, does the entire investment amount have to be paid at one time or can it be paid in installments? Does the regional center decide when the investment has to be fully paid?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    It is generally determined by the job creating entity how the investment funds are placed. Under current U.S. immigration law, an EB-5 investor must have invested or be in the process of investing to qualify for an EB-5 visa, which must be thoroughly documented. However, in a regional center project case, you will have to fully invest the entire EB-5 capital before you become a limited partner in a project and before you file the I-526 petition.

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    Peter Zhang

    Immigration Attorney
    Answered on

    Theoretically, you can qualify if you are in the process of investing the funds. So short answer, yes, it is possible to do it in installments. However, the entire amount would need to be at risk. How you show that it is at risk without putting up the full amount is a problematic issue (though, not an impossible one). Therefore, it is best to do it the old fashion way and have it all committed at once.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The entire EB-5 fund must be paid at once before the EB-5 petition is filed. If you are working with a regional center, in most cases, the fund may have to be deposited in an escrow account depending on the terms of agreement. Generally, installment deposits are not allowed. Advisably, consult an EB-5 attorney for further guidance.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    The funds must be ready and available before any actual filings are completed. Typically, the full investment amount will sit in escrow.

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    Charles Foster

    Immigration Attorney
    Answered on

    Your investment must be made in full by the time the EB-5 petition on Form I-526 is filed, but as you indicated, it is all based upon the terms and conditions of the particular EB-5 project.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    You should fully fund the investment before you file the I-526 petition.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The regulations do say invested, or "in the process of investing." As a practical matter, while I have heard that some have been approved, many have been denied unless the full amount has been invested.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    Generally the entire investment must be made before your I-526 can be filed, as your entire investment must be "at risk."

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    BoBi Ahn

    Immigration Attorney
    Answered on

    For EB-5 immigrant investor petition processing, USCIS requires that you have "already invested or are actively in the process of investing" the full minimum capital investment amount (either $500,000 if the commercial enterprise is located in a Targeted Employment Area, or $1 million if not located in a TEA) before you can file the EB-5 petition. Putting your money in escrow with a condition of petition approval is accepted by USCIS, but this is something you need to negotiate with the regional center.

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    Robert Cornish

    Securities Attorney
    Answered on

    Your investment has to be fully paid in good funds. The project sponsor decides when your funds must be paid pursuant to the terms of their offering document. This usually entails sending funds into escrow pending review of numerous documents.

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    Phuong Le

    Immigration Attorney
    Answered on

    Although technically the issuer/offeror (a.k.a. the NCE) decides, it may very well be the regional center if they were the ones who put together the EB-5 offering. Check the offering documents to confirm when the full amount must be paid (for practical reasons, most will require full funding before you submit your I-526 application).

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