How can we invest $1 million in portions and qualify for EB-5?

It appears you have invested $1 million in an EB-5 commercial enterprise. To determine if your I-526 will be approvable will depend on how the EB-5 commercial enterprise is structured and how the EB-5 business plan is written. It is highly advisable to have an experienced team who will include at least an EB-5 business plan writer, an EB-5 immigration attorney and business attorney to ensure you have a compliant EB-5 business structure and your I-526 is competently prepared.

You should invest the required minimum amount ($500,000 if in a TEA or $1 million if not in a TEA ) prior to filing the I-526 petition.

Yes, it should be acceptable. However, make sure this is well-defined in your business plan. Advisably, contact an EB-5 attorney to plan this type of direct investment.

You need to have an experienced team. Adding investment into an existing business may trigger different rules to qualify. Where possible, we advise to start a brand new commercial enterprise. While you can invest in portions, we recommend you only apply when you have irrevocably committed the requisite capital amount.

Given the fact that you have $1 million to invest and you will invest 50 percent to 60 percent of the funds for equipment, furniture and a land lease, and the balance for business growth, etc., you should be able to meet the minimum investment requirement. You should first determine whether or not your enterprise will be located in a targeted employment area. That way, you would only have to meet the $500,000 minimum investment amount.

It sounds like you are setting up a new commercial enterprise with wholly owned job-creating entities. Depending on the details of the structure, that may be acceptable. Properly documenting the path of use of funds will be essential, which will require the assistance of an EB-5 attorney.

The money must be invested to qualify for I-526 filing.

Yes, you also need a detailed business plan on how the funds will be used, how many employees you will have in five years and who is your competition in the newly developed enterprise. Once you have the funds in the account and the business plan, you can submit your I-526.

Since you already have invested $1 million, whether your I-526 will be successful depends on how the company is structured and how the business plan was written. I would advise you to work with an EB-5 business/corporate lawyer and an experienced EB-5 business plan writer to get the EB-5-compliant documentation done. Finally, you should work with an EB-5 immigration lawyer to document the legal source of funds and tracking for an I-526 petition to be prepared and filed. In order for a successful EB-5 case, it takes a village.

Yes, this is fine. Has to be structured in a particular way. Do not transfer any funds prior to discussing this with an immigration attorney.