Question:
When should I transfer capital into the new U.S. enterprise? Should I transfer the money immediately after establishing the company or do I have to wait for certain forms to be approved first?
Answers:
The EB-5 rules state that at the time of filing the Investors I-536 petition the investor must be in the process of investing or have invested already. Therefore it will depend on your business plan when you intend to have your business commit the funds to the operations of the US business. For instance, the funds may be held in escrow until the I-526 petition is approved or the funds could be transferred from the escrow account to the US business when the petition I-526 petition is filed.
When filing the I-526 petition, you must be invested or in the process of investing. Establish an escrow account to hold the funds until approval is acceptable. Even then, you need to show the funds are invested throughout the conditional permanent residency period.