The Process of Making a Partial EB-5 Investment
Benefits of Making a Partial EB5 Investment
EB-5 Partial Investments and Concurrent Filing
Risks of Partial EB-5 Investments
For many prospective EB-5 investors, the minimum investment amount of $800,000 represents a significant commitment of resources. While some investors have all the required funds on hand, those who do not must often make arrangements to obtain the full investment amount. Such investors must then wait while their assets are sold or financed.
The EB-5 program does, however, allow investors to make investments in installments. Such partial investments enable investors to invest an initial amount that is less than the full $800,000, while committing to invest the full amount within 6 to 12 months.
While a partial initial investment does not reduce the minimum investment requirement of $800,000, it may make it easier for a prospective investor to get started with the EB-5 immigration process quickly.
The Process of Making a Partial EB-5 Investment
The first step in making a partial EB5 investment is finding a project that allows investments in installments. Not all projects allow partial investments. Even if a project offers a partial funding option, a prospective investor must carefully vet the project to ensure it complies with the EB-5 program and is likely to result in positive immigration and financial outcomes.
Once an EB-5 investor finds a project that allows partial investment, they must make a suitable initial investment. Projects may require a minimum initial investment or installment amounts. After making the initial investment, the investor must submit Form I-526E with all the required documentation. In the I-526E petition, the investor must demonstrate that the initial funds and all remaining investment funds were sourced lawfully.
The source-of-funds documentation in Form I-526E must also demonstrate that all the funds needed to complete the full investment amount are in the process of being invested in a qualifying project. To this end, the investor must show that any funds not yet invested are committed to the project.
While the entire EB-5 investment must be fully funded by the time United States Citizenship and Immigration Services (USCIS) adjudicates the investor’s Form I-526E, the recommended timeline for completing a partial EB5 investment is between 6 and 12 months.
Benefits of Making a Partial EB5 Investment
Partial EB5 investments are particularly helpful for prospective EB-5 investors who do not have immediate access to the full investment amount. By making a partial investment, an EB-5 investor can begin the EB-5 process while they gain access to the rest of the funds needed to complete the investment. As a result, the investor may obtain an EB-5 visa sooner than otherwise possible.
EB-5 Partial Investments and Concurrent Filing
After making a partial investment, EB-5 investors who already live in the United States under a non-immigrant visa can concurrently file Form I-485 for adjustment of status with Form I-526E. In addition to filing Form I-526E earlier with less initial funds, concurrent filing allows EB-5 investors to change their legal status and file for a work permit. For H-1B / L-1 / E-2 / F-1 / TN visas holders already living in the United States, making a partial EB5 investment and concurrently filing the I-485 and I-526E petitions may result in gaining employment authorization documents (EAD) in six months or less.
Risks of Partial EB-5 Investments
The primary risk of making a partial EB5 investment is not making the full investment on time. If the funds an investor is relying on to complete their investment are not available within the required timeframe, their immigrant petition will be denied. Investors considering a partial investment must be certain they can legally source the entire investment amount within the required period.
Another risk of making a partial EB5 investment is related to the source-of-funds documentation. An EB-5 investor who chooses to invest a partial amount must be certain that their Form I-526E includes all necessary documentation. This form must provide evidence that the full investment amount, not just the initial investment, is legally sourced and irrevocably committed to the EB-5 project. With insufficient evidence that funds are fully committed or lawfully sourced, USCIS may deny Form I-526E.
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