In its January 2025 Visa Bulletin, the U.S. Department of State (DOS) warned of impending backlogs in the EB-5 set-aside category within the fiscal year. And anecdotal evidence from past EB-5 warnings and backlog trends show that the visa retrogression will likely appear within three months. As usual, investors from high-demand countries like China and India will be most affected.
The impending backlogs will undoubtedly lead to an increase in I-526E filings by Chinese and Indian investors in the coming weeks as they rush to secure their spots before the backlogs appear on the Visa Bulletin. However, raising the $800,000 minimum investment funds within such a short time will likely be challenging for many prospective investors.
Thankfully, it’s possible to start the EB-5 process with partial funding. Certain regional centers and projects now allow investors to fund their EB-5 investment with an installment plan.
In this article, we’ll show you how to finance your EB-5 investment in 2025 using an installment plan.
An Overview of EB-5 Investment Installment Plans
How Does a Partial EB-5 Payment Work?
Advantages of a Partial Investment Plan
Important Considerations for Partial Funding Compliance
Fast Track Your American Dream With an Installment Plan
An Overview of EB-5 Investment Installment Plans
To participate in the EB-5 program, you must invest at least $800,000 in a new commercial enterprise within a targeted employment area (TEA). For investments outside TEAs, the minimum investment threshold increases to $1,050,000.
Traditionally, investors had to make the complete investment before filing their I-526/I-526E petitions. However, partial funding/filing (using an installment plan) became popular in 2021 when investors rushed to secure a place in the regional center program before the program’s June 2021 expiration.
Eventually, the regional center program was renewed in March 2022 with the enactment of the EB-5 Reform and Integrity Act of 2022, and installment plans have remained a viable option for financing EB-5 investments, especially for investors with immediate liquidity challenges.
How Does a Partial EB-5 Payment Work?
Making an EB-5 investment with an installment plan involves investing a portion of the required investment amount, usually about half, with a commitment to complete the investment within a stipulated time frame. This complies with the EB-5 criteria that requires an investment “to be in the process of being made” at the time of an investor’s I-526E filing.
An EB-5 investor will typically transfer the initial amount to the proper escrow account after signing an agreement with the regional center to provide the remaining funds in three to four months. The expected date of payment completion will be stipulated in the subscription agreement.
Importantly, the investor can file Form I-526E after making the first payment to lock in their priority date. Then, upon completing the payment, they’ll file supplementary documents confirming that the investment has been fully made, as a complete investment is a requirement for adjudication.
Advantages of a Partial Investment Plan
Making an EB-5 investment with an installment plan is advantageous to EB-5 investors for several reasons.
Secures Your Priority Date
As mentioned above, EB-5 guidelines allow for applicants to file their I-526E petition once their investment is in the process of being made. In other words, an initial investment enables you to file your I-526E and lock in your priority date while you’re raising the remaining funds or liquidating assets.
The installment option is particularly beneficial for investors from high-demand countries who will likely be most affected by the upcoming backlogs. By partially funding your EB-5 investment, you will secure your spot on the visa list and reduce potential waiting times in case of visa retrogression.
Also, if you’re already in the U.S. on a different visa, partially funding your EB-5 investment today may enable you to concurrently file for adjustment of status, an employment authorization document, and advance parole with your Form I-526E. Concurrent filing helps you secure your stay in the U.S., even if your chargeability area retrogresses later, and permits you to obtain other benefits, like working and traveling while waiting for your Green Card.
Notably, though, you’ll be ineligible for concurrent filing once the backlogs appear on the Visa Bulletin and your chargeability area is affected.
Allows for Favorable Asset Sales
One reason many investors cannot immediately obtain the required funds for a full EB-5 investment is liquidity constraints. For instance, the maturity date of their investments may not align with their EB-5 investment timeline, or the timing may be unfavorable for asset sales.
Financing an EB-5 investment with an installment plan solves this problem. Prospective investors can start their investments without being forced to sell their assets at unfavorable rates or liquidate investments before their maturity, and the investment completion date can be arranged to align with the expected asset sale or securities maturity date.
Protects Your Children From Aging Out
The age limit for EB-5 investors’ children to qualify as dependent beneficiaries is 21. For prospective investors whose dependent children are fast approaching 21, an EB-5 investment installment plan can help them protect their children from aging out.
The Child Status Protection Act (CSPA) stipulates that a child’s age “freezes” when their applicant’s I-526E petition is submitted. Say, for instance, your child is 20 years and eight months old when you file your petition. In the government’s eyes, your child will remain that exact age until the petition is adjudicated—so even if that takes 10 months, your child will still be considered under 21 for immigration purposes.
As a result, instead of waiting to get the full $800,000, by which time your children will face higher risks of aging out, you can start your investment with available funds and ensure your child can remain a dependent. Once you make the initial deposit, you can file your I-526E immediately, freezing your child’s age while raising the remaining investment balance.
Important Considerations for Partial Funding Compliance
While partial funding has several advantages, it comes with certain compliance requirements. Meeting these requirements is crucial for maintaining eligibility.
- Funds Availability: The United States Citizenship and Immigration Services (USCIS) requires that you have access to the full $800,000 at the time of filing your I-526E petition, even when you’re investing in installments. You must provide evidence showing that you have the entire $800,000 in cash or assets in the liquidation process and are committed to completing the investment within the specified time. Anticipated earnings like future income or bonuses do not qualify as committed capital for an installment plan.
- Source of Funds Documentation: USCIS requires that investors provide documentation proving their investment funds were obtained lawfully. When using an installment plan, you must provide source of funds documentation for each payment installment. If you don’t interfile the source of funds documents for subsequent installments before USCIS adjudicates your I-526E, USCIS will issue a request for evidence, asking for documents relating to the full investment.
- Sustainment Period: While you can file your I-526E after making the first installment, the two-year sustainment period will not start counting until you complete the investment. The sustainment period begins after the final payment is made to the EB-5 project.
Fast Track Your American Dream With an Installment Plan
An EB-5 investment installment plan provides a means for prospective investors who can’t immediately invest the full $800,000 to participate in the EB-5 program. With the upcoming backlogs in the set-aside categories, an installment plan enables you to start the EB-5 process. Through this route, you can file your I-526E and lock in your priority date while sourcing the remaining funds.
EB5AN offers investors the opportunity to start their EB-5 journey with partial payments. We’ve helped over 2,300 families from 70+ nationalities, including China and India, become U.S. permanent residents through the EB-5 program. We offer our clients first-rate, low-risk regional center projects with a 100% USCIS approval rate to date.
Book a free one-on-one consultation with our EB-5 experts today to learn how to start your EB-5 journey with an installment plan.