+1-800-997-1228
Questions and Answers > EB-5 Direct Investments

When can I start using my Eb-5 direct investment funds in my escrow account?

How soon can we start using our EB-5 funding? Do we have to keep it in the escrow account until it gets approved? Can I start investing it on business and show the transactions down the road whenever it is required?

Answers

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Generally, the usual rule is that you can only start using the fund after your I-526 is approved. However, check your agreement if your agreement allows earlier access to the fund prior to the approval of I-526. Keeping the money in the escrow account is the norm. You cannot use the money for any other investment prior to the approval of the underlying I-526.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The USCIS wants to see the funds spent on job creation, not sitting doing nothing.

  • Avatar

    Kristal Ozmun

    Immigration Attorney
    Answered on

    Generally, if this is an investment in your own company, the capital would need to be used in business operations prior to filing your I-526 petition.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The escrow agreement contains certain terms and conditions, so you will want to review that agreement. The USCIS will not care if you authorize early release of the funds as long as they are at risk and used in accordance with your business plan.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    It depends on the terms of the project that were signed with your investors.

  • Avatar

    Phuong Le

    Immigration Attorney
    Answered on

    If you are doing EB-5 direct investment, the simplest way to think about it is if it is your business, you can start using it from day 1. In fact, why even have escrow? It is your money. I am pretty sure you are not going to rip yourself off or back out of your own deal. (I simplify, but you get the point).

  • Avatar

    Irina Rostova

    Immigration Attorney
    Answered on

    You can use the EB-5 fund for job-creation purposes, as outlined in your business plan right away. You do not need to wait for an approval of the I-526.