I am planning to establish an enterprise in the U.S. to apply for an EB-5 visa. What is the deadline for transferring the capital from my country to the U.S. enterprise after establishing the company in the U.S.?
The funds must be transferred prior to filing the I-526 petition. The investor may be in the process of investing; however, the funds need to be in the new commercial enterprise or escrow account.
No, retention of employees does not count, unless it is a troubled business. You need to be able to show new job creation.
It is better to transfer the capital to the U.S. prior to filing your Form I-526. This will help you establish a bank account and you can provide USCIS with the documents showing that the money has been deposited.
The EB-5 regulations allow the investor to either be in the process of or have already invested the funds into the new commercial enterprise. However, the funds need to be in the escrow account or the new commercial enterprise account in the United States before the investor files the I-526 investor's petition.
There is no deadline. You should transfer the funds, i.e., make the investment, before you submit the I-526 petition.
My advice is to transfer it before you file the I-526 petition. However, technically, if you transfer some and have a promissory note or some other commitment to fund the rest within a year or so, it would work. The EB-5 requirement is an investor that has funded or is actively in the process of investing.
You need to have invested in the business or be in the process of investing in the business to be eligible for approval of the I-526 petition. This, of course, is the immigration answer. The business perspective is different. We can, and often do, coordinate our efforts with corporate attorneys, financial planners, accountants, and other professionals to assist investors with these issues.
You must be in the process of investing in order to make the application. This is a very sophisticated process. I shall be happy to consult further and can be reached.
No deadline, but you cannot file until all is transferred. Best to coordinate everything with your attorney so you have the proper documentation though.
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