It seems USCIS is no longer accepting partial funding, based on the chatter I see in the EB-5 WhatsApp groups I joined with other investors in the same EB-5 project. However, many of us used partial funding to invest. Will the current distrust of USCIS’s partial funding affect my EB-5 application when I file for the I-829?
Answers
Bernard P Wolfsdorf
EB-5 Immigration attorneysWhile the regulations are clear that one can invest, “or be in the process of investing” presently it is very risky to file based on partial investment since USCIS is denying with no RFE or even NOID. Persons with partial investment may even want to consider refiling their I-526E now because if they concurrently file, and the I-526E is denied, they may not have the opportunity to refile once retrogression hits.
Tony W. Wong
EB-5 Immigration attorneysPartial payment is allowed only if the investor can prove he is actively in the process of investing and provide some documents such as promissory note to commit the investment. The promissory note must comply with the requirements under the USCIS Policy Manual.
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