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Question:

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How can I invest funds prior to visa approval? I am planning on a direct EB-5 investment in a franchised business such as McDonalds. How can one be expected to invest a majority of the investment requirement prior to visa approval? Is it possible to invest a smaller amount and demonstrate some type of commitment to invest the remaining amount subject to visa approval?

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Answers:

March 07, 2014 15:15 Sal Picataggio

First, be careful of franchise rules that require citizenship or permanent residency for their investors (that is, you'd be making the investment before obtaining permanent residency). Second, you have to have invested or be in the process of investing, but that generally has resulted in the investor placing the entire amount of the investment into an escrow account, to be released upon I-526 approval.

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January 24, 2014 11:09 Ed Beshara

The business plan and other legal documents may clearly show all the required investment are available in escrow to be committed, while some of the investment funds will be committed at time of filing the I-526 petition while the balance may be committed at time of the approval of the I-526 petition.

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