How soon can we start using our EB-5 funding? Do we have to keep it in the escrow account until it gets approved?
Can I start investing it on business and show the transactions down the road whenever it is required?
Answers
A Olusanjo Omoniyi
Immigration Attorneys DirectoryGenerally, the usual rule is that you can only start using the fund after your I-526 is approved. However, check your agreement if your agreement allows earlier access to the fund prior to the approval of I-526. Keeping the money in the escrow account is the norm. You cannot use the money for any other investment prior to the approval of the underlying I-526.
Bernard P Wolfsdorf
Immigration Attorneys DirectoryThe USCIS wants to see the funds spent on job creation, not sitting doing nothing.
Irina A. Rostova
Immigration Attorneys DirectoryYou can use the EB-5 fund for job-creation purposes, as outlined in your business plan right away. You do not need to wait for an approval of the I-526.
Lynne Feldman
Immigration Attorneys DirectoryIt depends on the terms of the project that were signed with your investors.
Fredrick W Voigtmann
Immigration Attorneys DirectoryThe escrow agreement contains certain terms and conditions, so you will want to review that agreement. The USCIS will not care if you authorize early release of the funds as long as they are at risk and used in accordance with your business plan.
Kristal Ozmun
Immigration Attorneys DirectoryGenerally, if this is an investment in your own company, the capital would need to be used in business operations prior to filing your I-526 petition.
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