Questions and Answers > Other Eb-5 Questions

How much capital needs to be initially deposited with the Regional Center?

How much capital should initially be deposited with the regional center? Then how much time should transpire before the investment is transferred from my home country? Secondly, what initial documents will I need for my I-526 petition if I am currently in the United States?

Answers

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on November 3, 2013

  $500,000. Documents you need must prove the funds are lawfully sourced, and they must show the path of the funds.

• BoBi Ahn

  Immigration Attorney

  Answered on February 26, 2013

  You will need to deposit the full amount (either the requisite $500,000 or the $1,000,000 depending on whether the project is in the TEA).

• Julia Roussinova

  Immigration Attorney

  Answered on February 26, 2013

  An EB-5 investor must have invested or be in the process of investing the required amount of capital ($500,000 if a Regional Center qualifies for a reduced investment because it is in a targeted employment area or rural area). Some regional centers allow staged investments but the majority of them require that you invest the full amount $500,000 plus their syndication fee before a I-526 petition is filed. Syndication fees are generally in the range of $50,000 but it depends on a particular center and project. Many regional centers allow placement of investment funds into an escrow account until I-526 petition is approved which affords more protection to you in the event your I-526 petition is denied for some reason. It is important that you or your EB-5 attorney reviews the regional center''s subscription agreement, escrow agreement, private placement memorandum, and partnership agreement documents before signing the documents and making an investment. If you are in the US in another lawful immigration status at the time your I-526 petition is approved, you should be eligible to adjust your status to a conditional (2-year) green card holder in the US. If not, then you must consular process abroad and obtain an immigrant visa to arrive in the US as a conditional green card holder. Lists of documents are generally case specific and you should engage legal services of an EB-5 attorney to prepare I-526 petition on your behalf. Please do not hesitate to contact me should you have further questions.

• Clem Turner

  Securities Attorney

  Answered on February 25, 2013

  You must deposit the required minimum investment in accordance with USCIS regulations, which is $1,000,000 unless the project is located in a Targeted Employment Area in which case the minimum investment is $500,000. Furthermore, typically Regional Centers also require an administrative/processing fee of approximately $50k, but this varies from project to project.

• Larry J Behar, Esq

  Immigration Attorney

  Answered on February 25, 2013

  Regional Centers normally require the entire $500,000 investment plus costs to fully have you registered. If the application is filed and approved in the US, you will also benefit from the adjustment of status process in your city. A list of documents will be available from qualified counsel.

• Taher Kameli

  Immigration Attorney

  Answered on February 25, 2013

  Either the $500,000 or there is one regional center which may allow $100,000 to start and $400,000 in 6 months.

• Jinhee Wilde

  Immigration Attorney

  Answered on February 25, 2013

  Each Regional Center operates differently, but most of them will require the full investment amount plus their administrative/syndication fee into their escrow account before providing the business documents necessary for I-526 petition. The documents necessary for I-526 petitions are the source of fund tracking documents from your assets/banks to RC escrow. You will also need to provide your current status documents so that you could adjust your status to green card after I-526 is approved.

• Ed Beshara

  Immigration Attorney

  Answered on February 25, 2013

  Every RC has its own requirements. Before I526 filed,the EB5 personal investment funds have to be transferred usually to the Escrow account of the EB-5 RC project.The EB-5 Attorney will assist in the preparation of the I526 supporting documents including showing lawful source if investment funds.

• Christian Schmidt

  Immigration Attorney

  Answered on February 25, 2013

  The Regional Center usually requires the full amount plus its syndication fee.

• Roberto Ortiz

  Immigration Attorney

  Answered on February 25, 2013

  You need to deposit the $500,000.00 into the escrow account of the Regional Center that you select. Once you have deposited the monies into the escrow account, you will be able to file the I-526 with USCIS. In order to file the I-526, you will need to demonstrate to USCIS the source of how you obtained the funds. This is done by submitting your bank statements, income tax returns, Personal financial statements, etc. If you have any further questions, please do not hesitate to contact me. Thank you.

• Philip H Teplen

  Immigration Attorney

  Answered on February 25, 2013

  The law requires you to be in the process of investing. Not all of the funds need to be paid at one time. Each program is different and I will be happy to review same with you. Further, I cannot blindly tell you what forms are needed with the I-526. Please call us on review.

• Steven Anapoell

  Securities Attorney

  Answered on February 25, 2013

  If the project is in a targeted employment area $500k. Otherwise $1mm.

• Michael A Harris, Esq

  Immigration Attorney

  Answered on February 25, 2013

  Each regional center has different requirements. Some will not allow you to view their materials until you register with them. Others require a deposit before you may review their business plan and materials. If a deposit is required, you should seek a Reservation Agreement which provides a refund if you request one within a minimum time frame (e.g. 30 days) after you have reviewed the materials. Initial documents can be found on many websites, such as my own.

• Shahzad Q Qadri

  RC Creator

  Answered on February 25, 2013

  Before you can file your I-526 the full amount of your investment should be deposited with the RC. The attorney filing your I-526 petition will be able to tell you what documents are needed as they are case specific.

• Lei Jiang

  Immigration Attorney

  Answered on February 25, 2013

  All $500,000 will be needed (initially) for EB5 petition. The fund will be deposited in an escrow account. There is a long list of initial documents for I-526. You need to consult with an EB5 attorney. Please feel free to contact us for your EB5 needs.

• Jeffrey E Campion

  Immigration Attorney

  Answered on February 25, 2013

  1. It depends with each regional center. At some point $500,000. 2. Re documents, it depends. You''ll need to document the sources of funds and prove your lawful status.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on February 25, 2013

  Usually, the subscription agreement and escrow agreement, if applicable, will determine these terms. Most regional centers require the full amount, usually $500K to be deposited upfront in full. You should carefully read these agreements, along with the Private Placement Memorandum (PPM), or better yet, have your attorney read it and explain all the terms to you. Some regional centers allow the funds to be deposited into an escrow account pending approval of the I-526 petition by USCIS; upon approval of the petition, the funds are release to the investment project. If the petition is denied, the funds are returned to the investor. Other regional centers allow for earlier release of investment funds from escrow (say, upon FILING of the I-526 petition); you should be careful with such arrangements and confirm how the regional center will be able to return the funds to you if the petition is denied and the funds have been released already to the investment project. Still other regional centers don?t use escrow accounts at all. The documents needed for an I-526 are the same whether you are in the United States or not. If you are in the United States in a valid nonimmigrant status when your I-526 petition is approved, you may be eligible to adjust your status to conditional lawful permanent resident in the United States. Otherwise, you must consular process at the U.S. embassy or consulate in your home country. Either way, the required documents are fairly similar.

• Reza Rahbaran

  Immigration Attorney

  Answered on February 25, 2013

  Under the EB-5 regulations the investor must show that they have invested or are in the process of investing the required capital into the new commercial enterprise. Our firm has successfully filed petitions for investors with initial investments of $100,000.00. In these cases the investor must then deposit the remaining required funds approximately 6 months after the petition has been filed. However, not all regional centers allow this, so you should first find an attorney that understands this process and a regional center that allows staged investment. You will need to file the same type of documents, whether you are in the United States or outside the United States. The only difference will be after your I-526 petition is approved, you will need to file adjustment of status rather than go through consular processing. For further information please contact Rahbaran & Associates.

• Daniel P Hanlon

  Immigration Attorney

  Answered on February 25, 2013

  Generally, a minimum investment of $500,000.00 must be invested into the regional center before the I-526 Petition is filed, whether invested free and clear or in an escrow account. There is no minimum "deposit" requirement. I recommend that you call us if you would like to discuss your inquiry in further detail in a confidential consultation.

• Susan Pilcher

  Immigration Attorney

  Answered on February 25, 2013

  There are no fixed rules about this; you should consult with an experienced EB-5 attorney for guidance based on your specific circumstances.