Questions and Answers > EB-5 Investments

When should I transfer capital into the U.S. enterprise?

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.?

Answers

• Reza Rahbaran

  Immigration Attorney

  Answered on March 5, 2014

  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.

• Shahzad Q Qadri

  RC Creator

  Answered on January 31, 2014

  No, retention of employees does not count, unless it is a troubled business. You need to be able to show new job creation.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on January 14, 2014

  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.

• Ed Beshara

  Immigration Attorney

  Answered on January 13, 2014

  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.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on January 13, 2014

  There is no deadline. You should transfer the funds, i.e., make the investment, before you submit the I-526 petition.

• Jinhee Wilde

  Immigration Attorney

  Answered on January 13, 2014

  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.

• Salvatore Picataggio

  Immigration Attorney

  Answered on January 13, 2014

  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.

• Philip H Teplen

  Immigration Attorney

  Answered on January 13, 2014

  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.

• Lynne Feldman

  Immigration Attorney

  Answered on January 13, 2014

  No deadline, but you cannot file until all is transferred. Best to coordinate everything with your attorney so you have the proper documentation though.