Questions & Answers

When do I have to make the full EB-5 direct investment?

I intend to do a direct investment of $500,000 in a TEA. At the time of I-526 filing, do I need to show the entire $500,000 in an escrow account with source of funds? Or can I show a fraction (e.g. $300-400,000) that is being used to buy infrastructure with a game plan of investing the remaining amount over a certain time? I am wondering since I-526 processing takes 16 months and it would be good to have the buffer if the investment can be ''trickled in.''

Answers

• Xiaosheng Huang

  Immigration Attorney

  Answered on May 20, 2016

  You need to show the entire $500,000 funds with the legal source of funds.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on April 19, 2016

  Although the EB-5 law allows for an investor to be "in the process of investing," USCIS requires that the full amount of required capital be at risk and committed to the new commercial enterprise before I-526 filing. Therefore, in reality, there is no "trickling in" allowed.

• John J Downey

  Immigration Attorney

  Answered on April 14, 2016

  You may make incremental payments, but it all depends on the business plan that is submitted. If the plan calls for incremental payments and the plan is accepted by USCIS, then you are alright.

• Vaughan de Kirby

  Immigration Attorney

  Answered on April 14, 2016

  We do recommend to our clients that their full investment be made prior to the filing of the I-526. However, circumstances may vary - I recommend you speak with your investment immigration attorney directly on this question, as well as your business plan professional.

• Ian E Scott

  Immigration Attorney

  Answered on April 14, 2016

  The full $500,000 must be invested when you file the I-526.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on April 14, 2016

  It is best to have the full amount invested at the time of filing. Some have had denials without the full amount.

• Salvatore Picataggio

  Immigration Attorney

  Answered on April 14, 2016

  Technically, the law requires the investor to have invested the personal funds or be in the process of investing. Generally, we recommend having the entire investment amount in escrow at the time of filing the I-526 petition. Phasing the investment may result in a conclusion that the investment requirement has not been met. You may need very specific and binding documents to show you will make the remaining investments at specified times.

• Raymond Lahoud

  Immigration Attorney

  Answered on April 14, 2016

  You must show the availability of all funds.