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Question:

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What is the current market in China for marketing an EB-5 offering with an early release of escrowed funds prior to each Investor's I-526 approval? Is it necessary to wait for each Investor's I-526 to be approved before releasing their funds from escrow? Are there plausible compromise solutions such as 1. Waiting for the 1st I-526 approval from a subscriber before releasing all Investors' funds in escrow (to demonstrate USCIS project approval) and/or 2. Releasing a portion of the escrowed funds, such as 80%, and keeping the remaining 20% in escrow until each individual Investor's I-526 is approved (in order to have a reserve to repay Investors who have denied I-526s)?

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Answers:

July 30, 2013 13:34 Ed Beshara

Each EB-5 project may have their own business requirements for the release of EB-5 investment funds.The terms of the release haves to clearly stated in the offering documents.the EB-5 regulations state the EB-5 investor may have already invested or be in the process of investing.based upon the current time delays in the processing of I-526 petitions there is a need by the EB-5 projects to have access to the EB-5 funds as soon as possible and before the U-526 petition is approved.

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