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What happens to the EB-5 investment amount after the I-526 approval and during the wait time for I-485?

For an EB-5 applicant from India, assuming there will be a three- to four-year wait time for filing I-485 after I-526 approval, does the $500,000 amount need to be invested during this phase? If the amount remains invested during this time, can the jobs generated during the wait time be used for removing the conditions on the green card?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    EB-5 funds must be invested until you file I-829 to remove conditions on a 2-year green card. Consult your project offering documentation on how the requisite jobs are calculated per EB-5 investor.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You project documents should explain how they will calculate jobs. The funds must remain invested until you file to remove the conditions to permanent residency.

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    Barbara Suri

    Immigration Attorney
    Answered on

    In my experience, the answer to both your questions: Yes.

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    Phuong Le

    Immigration Attorney
    Answered on

    The short answer is yes. The entire amount should be invested during this phase and the jobs created during that period can be considered permanent and valid for I-829 purposes as long as they're sufficiently documented.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    The investment should be intact at least until your conditional permanent residency is removed, at which time you will need to also show the requisite 10 jobs created have been maintained, etc.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The investment must be sustained up until the filing of the I-829 removal of conditions application. Yes, the jobs created during this time can be used, as they must be created within a reasonable time.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Your funds must remain invested until you are ready to file for removal of conditions - that is the I-829 application. Yes, the jobs created up until the I-829 filing will be counted toward your responsibility to create a minimum of 10 full-time positions.

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    Mitch Wexler

    Immigration Attorney
    Answered on

    I prefer to have the full $500,000 (if in a TEA) be invested prior to filing the I-526. Occasionally, we file with most of the investment being made with a finite amount of time within which the balance will be invested. I also like to give a good reason why the full amount was not invested up front. Jobs should be created upon filing the I-829 or within a reasonable time thereafter, so there is plenty of time for that.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Money must remain invested until at least I-829 approval and after that, it depends on your project agreements. There is no guarantee money will be returned or it will not qualify for this program.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    The funds must remain invested; all jobs created following your investment will count toward EB-5 job creation.

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    Charles Foster

    Immigration Attorney
    Answered on

    After you have filed the I-526 petition and it is approved, you should go ahead, invest the funds and create the job. It is true, however, that given the three- to four-year waiting period before you are be eligible to file an application for adjustment of status, once the visa number is available and assuming you have maintained your non-immigrant status, it will take some time for you to become a lawful permanent resident on a conditional basis. It is only two years thereafter that you'll need to file your I-829 petition to show that you have fully invested the funds and all the jobs have been created. So, yes, the jobs created during this wait time would be essential for removing the conditions.

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