Can I file an I-526 application while transferring the investment fund to the U.S.?

While regulations allow for an EB-5 investment to be in the process of investment at the time of I-526 filing, this must be properly documented and commitment of funds over specific schedule must be evidenced. You will likely receive a request for evidence or notice of intent to deny, at which point you will have to prove full amount committed to the EB-5 enterprise.

In my experience, being "in the process of investing" still requires the funds to be out of your possession.

The minimum requisite capital ($1 million in your case) must be invested before the I-526 petition can be filed. Or the alternative would be to relocate your business to a TEA.

The regulations only require that you evidence a true commitment to invest at the time of filing. In reality, you can submit a filing based on partial investment (with explanation on when the remaining balance will be invested). I&#39d expect a RFE or NOID, though, at which point you&#39d have to prove the remaining amount was invested at that time.

Legally, you may file your direct EB-5 investor petition on Form I-526 prior to investing the full $1 million. Just for security, however, you might want to check to see if your project is located in a targeted employment area (TEA). As a practical matter, most EB-5 investors have not invested any funds at the time their I-526 petition is filed, as those funds are held in escrow. After you&#39ve obtained your conditional lawful permanent residency and you&#39re required to file on Form I-829 your petition to remove conditions, you would certainly have to establish that you invested the full required amount, whether $1 million or $500,000.

You are welcome to continue the path you have taken, but I must say it is quite a dangerous one. It is true that the regulations state that you could be "in the process of investing," but in practice everyone I know who has applied has already committed the funds before filing the I-526 application. Currently, the criteria to qualify a region as TEA is quite liberal. Have you been working with an experienced immigration professional to advise you along the way? It is quite possible that the place you would like to set up your direct investment could be qualified as TEA.

While the regulations allow for one to be in the process of investing, it appears many cases are rejected if the full amount of capital is not committed as of the time of filing. Why don&#39t you invest in a regional center with $500,000 designated?

It is my opinion that you are not in the process of investing. All the criteria must be in place. Until then, anything could happen to prevent the transfer of the balance of the funds.

It is best to have all money invested in the project before filing.