Is the timeline for investing money in a U.S. company 2 years for a direct EB-5? Or would I have to invest it all at once?
Answers
Bernard P Wolfsdorf
Immigration Attorneys DirectoryIt is best to invest it all at once so you can show the jobs will be created based on your investment, but in some instances, you can show you are in the process of investing provided the money is fully identified and is in the process of being transferred.
Michael A Harris, Esq
Immigration Attorneys DirectoryThere are a few different ways to finance your direct EB-5 investment, such as: (1) Personal savings: The most common method is using your personal savings to fund the investment. (2) Gifts or inheritance: You may use funds received as a gift or inheritance, as long as you can provide adequate documentation showing the source of the funds. (3) Loans: You may obtain a loan to finance your EB-5 investment, but it must be secured by your personal assets and not the assets of the U.S. enterprise you are investing in. (4) Sale of property or assets: You can use the proceeds from the sale of your property or other assets, but you must provide proper documentation of the sale and the source of the funds. (5) Business profits: You can use profits from your existing business or investments to fund your EB-5 investment, as long as you can provide proper documentation of the source of the funds. Regarding the timeline for investing money in a U.S. company for a direct EB-5, there is no specific requirement that you must invest the entire amount all at once. However, you must show that the investment funds are "at risk" and committed to the project when you submit your I-526 petition, which is the initial step in the EB-5 process. The investment should be made before filing the I-526 petition or be in the process of being invested. Typically, the entire investment amount is expected to be committed and invested within the two-year conditional residency period. While the EB-5 program generally requires that the entire investment amount be committed to the project when submitting the I-526 petition, it is possible to demonstrate that you are "in the process of investing" by providing a clear and credible plan that outlines how the remaining investment funds will be transferred and committed to the project within a reasonable timeframe.
Lynne Feldman
Immigration Attorneys DirectoryYou need to be invested fully at the time of filing the I-526. You may be able to work out an escrow arrangement so that your funds are returned if the I-526 is not approved.
Phuong Le
Immigration Attorneys DirectoryYou are allowed to submit an I-526 based on a partial investment. We have been successfully filing cases based on that strategy since 2016. As for financing, depending on the RC group, very possible.
Dennis Tristani
Immigration Attorneys DirectoryYou need to be contractually committed to investing the minimum investment amount (800k or 1.05M) when you file, however, you can file your I-526 petition by showing you are in the process of investing. You will need to supplement your petition at a later date to confirm you have invested the full amount.
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