I am an Indian investor currently in the U.S. on an H-1B visa, planning to file an EB-5 petition for a standalone project in HUA with an initial investment of $ 200,000. How can I slow down the deployment to help my child avoid aging out under the CSPA? What is the maximum allowable time for full investment deployment while maintaining compliance?
Answers
Belma Demirovic Chinchoy
EB-5 Immigration attorneysThere is no predetermined schedule; you must fund within a reasonable time otherwise your petition will be denied for failure to invest. Further, partial investments are tricky with directs because you have to fund the business sufficiently so it can operate in compliance with the BP… and if the business doesn’t need full $800K to operate, then you risk failing to show funds are not at risk.
Jason Feldman
EB-5 Immigration attorneysOnce you file the I-526, then your child’s age is frozen. I would recommend making the full investment prior to filing the I-526. You may also want to consider filing the I-526 and I-485 at the same time as the priority date is current for that category. This would protect against the possibility of a future retrogression of the priority dates, and then not being able to timely file the I-485 for your child.
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