Julia RoussinovaImmigration Attorney
Although regulations do provide being "in the process of investing," it is not a good idea to file an I-526 petition unless you have irrevocably committed the full amount either through putting funds into an escrow account until the I-526 is approved or directly invested in the new commercial enterprise. With a direct EB-5 case, it is possible to structure investment in phases with either a promissory note or escrow account. It is highly unlikely that you will find a reputable EB-5 regional center that will allow you to subscribe into a project and file the I-526 petition without having fully invested the requisite amount. Currently, regional center program is under a short extension and hopefully will be extended after Feb. 15.