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EB-5 Question of the Week: What is the timeline for transferring the EB-5 investment to the project?

Generally, EB-5 applicants must invest with the project prior to filing their application (I-526E petition) with the United States Citizenship and Immigration Services (USCIS). 

By virtue of the EB-5 program, foreign nationals can receive Green Cards for themselves and their dependent family members (spouse and children under the age of 21) on the basis of an investment of $800,000 in a new commercial enterprise in the United States. The rationale for the program is that in exchange for the injection of foreign capital in the U.S. economy, investors are provided with U.S. residency and Green Cards. Therefore, a complete EB-5 application must include proof of transfer of funds from the EB-5 investor to the regional center project. 

To demonstrate that funds have been remitted from the investor to the project, the following documents must be presented to USCIS along with the EB-5 application: (1) bank statements showing that the investment amount has exited the account, (2) copy of transfer confirmation (SWIFT copy), and (3) investment confirmation letter from the regional center stating that funds have been received.

Although the full investment amount is generally required prior to filing an EB-5 application with USCIS, certain projects provide installment plans enabling clients to file their application with an initial transfer of approximately $200,000. The client must then transfer the remaining investment amount at a later date based upon an agreed timeline with the regional center.

Many EB-5 investors choose to invest through payment plans as this option grants them further flexibility and at the same time provides great benefits. By filing their application with an initial installment payment, EB-5 investors lock in their place in line. This means that investors can benefit from saving time that would have otherwise been spent on gathering the entire investment amount, including through the liquidation of assets, which may take several months. 

Additionally, by filing their application with an initial installment payment, investors will be protected under the then applicable EB-5 legislation. Should there be any future changes in EB-5 legislation, existing EB-5 applicants will be protected under the grandfathering provisions of the EB-5 Reform and Integrity Act (RIA). For instance, if the minimum investment amount is increased at a later date, existing EB-5 investors that have filed their applications are not required to pay the difference and can receive their Green Cards on the basis of their $800,000 investment.

With over a decade of experience in the EB-5 industry, we have established long-standing relationships with leading regional centers operating in the United States. We are able to negotiate with regional centers on your behalf to receive payment plans for your EB-5 investment in top projects. If you are interested in obtaining your U.S. Green Card, contact our team today for a free consultation.

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