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Question:

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Do I have to invest the total amount at once? I'm planning to invest in a new business related to sports and entertainment. At the beginning, I would invest around $300,000. I would not create 10 full time jobs right away, but I would give a lot of business to other companies in the area. Then, if the project does well, I would create more jobs and be able to invest more money later. How can I make this business model work for EB-5? What would I need to do?

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Answers:

June 13, 2014 11:04 Sal Picataggio

While the regulations state that the investor must have invested or be in the process of investing, generally investors are placing the entire $500,000 into an escrow account to be released upon a certain set of conditions (like I-526 approval). USCIS may not consider your method to meet the “invested capital” or “at risk” requirements.

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June 13, 2014 11:47 Ed Beshara

The required EB-5 personal investment funds has to be placed in escrow and committed to the project at the time of filing the investors I-526 petition. The attached Business Plan will state how the funds will be committed and how the required 10 full time jobs will be created over the two year period of conditional permanent residency.

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