Questions and Answers > EB-5 Investments

Can I accept investments before the I-924 is approved?

An investor wants to invest at same time I am filing the I-924; that is, prior to the regional center''s approval. Assuming the regional center is approved, and the entire amount is at risk at the time of later filing the I-526, will the early investment count for I-526 purposes? How can I make this work for EB-5? If it doesn''t work, what are my alternatives?

Answers

• Reza Rahbaran

  Immigration Attorney

  Answered on April 22, 2014

  Yes, the investment may be received prior to I-924 approval. However the I-526 petition should not be filed until the I-924 petition has been approved.

• Lei Jiang

  Immigration Attorney

  Answered on March 31, 2014

  It''s okay. You should deposit the fund in an escrow account and wait until the I-924 is approved, then file the I-526.

• Ed Beshara

  Immigration Attorney

  Answered on March 26, 2014

  If the investment is made into the new commercial enterprise before the regional center is approved, the investment can be EB-5 compliant only if the investment led to 10 direct, full-time jobs being created.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on March 26, 2014

  The early investment will count for I-526 purposes, and it should work for EB-5. Notes of caution, just in case it doesn''t work, make sure the money is in an escrow account so that it can be easily returned to the investor. Advisably, engage an EB-5 attorney for further guidance on this matter.

• Salvatore Picataggio

  Immigration Attorney

  Answered on March 25, 2014

  USCIS may (key word) hold that I-526 until such time as the I-924 is adjudicated, but this would need further review of your timelines and proposed processes.

• Dale Schwartz

  Immigration Attorney

  Answered on March 25, 2014

  Yes, you can.