Questions and Answers > EB-5 Investments

How can I make my required EB-5 investment?

We are eagerly looking forward to know more about EB-5 Visa. My question is when and how to make full investment payment? Whether there is time period to make full investment or can we pay in installments? Please explain in little more details.

Answers

• Reza Rahbaran

  Immigration Attorney

  Answered on January 20, 2014

  You may make installments for your EB-5 visa. Most regional centers require upfront investment. However, under the EB-5 regulations, you may file your petition if you can prove that you are in the process of investing the required capital. The amount will vary depending on whether you are making a regional center filing or direct investment. You should consult with an immigration attorney that is experienced in making applications with staggered investments.

• Mahsa Aliaskari

  Immigration Attorney

  Answered on August 9, 2013

  Pursuant to the regulations, you will need to show that you have invested or you are actively in the process of investing the funds. Based on this by regulation you may make the investment in installments, but you should discuss specifics with immigration counsel as USCIS has various interpretations of what would be deemed acceptable. If you are investing in a regional center EB-5 project, those projects generally dictate their own terms requiring the full amount be invested at one time.

• Rachel Lew

  Immigration Attorney

  Answered on July 17, 2013

  The USCIS requires an EB-5 petitioner to have invested or actively be in the process of investing. USCIS has interpreted the statutes to allow installments as long as the entire capital amount will be invested and at risk in the commercial enterprise at the time the I-526 petition is filed.

• Shahzad Q Qadri

  RC Creator

  Answered on July 16, 2013

  The EB-5 investment, particularly in a Regional Center requires upfront investment, no installments are permitted, you have to show the USCIS that you have put the requisite amount at risk.

• Roberto Ortiz

  Immigration Attorney

  Answered on July 11, 2013

  In order to be able to help you, I will need more information about your investment and the amount of employees that you plan to hire. Please let me know if you will be interested in coordinating an appointment.

• Michael A Harris, Esq

  Immigration Attorney

  Answered on July 10, 2013

  It really depends on whether you are investing into: an EB-5 Regional Center project; another direct EB-5 project that pools funds together but may not be a part of an approved regional center; or whether you are investing into your individually owned business. Hence, more information is needed from you to be able to better answer. For example, most regional center projects require you to place your funds with a third party neutral escrow agent until your petition for the EB-5 is approved. So, while a delayed form of investment is allowed until the EB-5 petition is approved, all of the funds need to be committed and at risk in the investment enterprise by the time that petition is approved.

• Anthony Ravani

  Immigration Attorney

  Answered on July 10, 2013

  First you would need to hire your attorney. Then, that attorney, if an independent one, will tell you about payments, timing, and how best to make the investment.

• BoBi Ahn

  Immigration Attorney

  Answered on July 10, 2013

  As far as investment of funds arrangement with the project/business, that is up to the investor and the project/business in terms of whether the funds are infused in installments or in 1 shot; however, in order to be able to file the Petition for Immigrant Investor with the USCIS, the full minimum amount (either $1million or $500K if TEA) must have been infused/invested before the Petition can be submitted.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on July 10, 2013

  To qualify for EB-5 classification, an investor must have either invested or be in the process of investing the required amount. Practically speaking however, the full amount of capital should be placed at risk before filing the I-526 petition to give you the best chance for an approval. Also, the funds can be placed into escrow pending the approval of the petition; this arrangement depends upon the regional center and the agreements you sign to participate as an investor. You should consult with an experienced EB-5 immigration attorney to represent you in these matters. Please feel free to contact me.

• Ying Lu

  Immigration Attorney

  Answered on July 10, 2013

  It depends on how you want to participate in the EB-5 program. You can participate into the EB-5 through two means: regional center project or direct EB-5. If you choose to invest into a regional center project, you must make the full investment of at least $ 500,000 before your attorney can file the I-526 petition for you. However, if you invest into a direct EB-5 business, the payment schedule may depend on the agreement between you and the project. Though full investment is not required by law before you file the I-526 application, we would suggest you make the full investment in order to help yourself get an approval smoothly. No matter in which project you ultimately decide to invest, you should receive the payment instructions from the party who receives the investment. Please feel free to contact us if you have more questions.

• Stephen Berman

  Immigration Attorney

  Answered on July 10, 2013

  You would make the full investment at the time of filing.

• Boyd Campbell

  Immigration Attorney

  Answered on July 10, 2013

  It''s not a good idea to make your investment in installments.

• Jeffrey E Campion

  Immigration Attorney

  Answered on July 10, 2013

  It all depends on the project. Most require full funding with the money being placed in escrow pending approval of the I-526 petition.