Distinguish funds expected from funds actually available and committed under the proposed arrangement. Have the applicable investment and filing requirements assessed before choosing the sequence.
Separate corporate and immigration milestones
Identify who controls the distribution date and which records will establish it. Check the relevant petition, visa-availability and status stages separately. A corporate approval does not guarantee an immigration decision, and a project deadline should not be treated as permission to omit necessary funding evidence.
The capital must satisfy the sustainment rule applicable to the petition, the enterprise must create the required jobs, the investor must remain engaged in management or policy formulation, and the family must maintain permanent residence rather than abandon it. Records supporting job creation have to exist as events occur rather than being assembled at the end, so the reporting arrangement and the investor's entitlement to receive information should be settled at subscription rather than requested when a filing window approaches. After approval and when a visa number is available, the family completes consular processing or adjustment and receives two-year conditional residence; in the ninety days before the second anniversary they file the I-829 showing the capital remained invested and the jobs were created.
- USCIS — EB-5 investor program
- USCIS — business and investment visa overview
- USCIS — Child Status Protection Act
- Department of State — Visa Bulletin
- USCIS — fee schedule
- U.S. Code — INA 203(b)(5), investment thresholds and adjustment
- USCIS EB-5 policy manual
- USCIS I-829
- 8 USC 1153 — permissible capital and jobs
- 8 CFR 204.6(e) — qualifying employees only