Question:
I am structuring a direct deal utilizing the EB-5 program. Can you clarify what is meant by money being at risk for 5 years. Does this five year period start from opening day of the business or does it start when I receive the money in escrow, then proceed into design, permitting and build out?
Answers:
You are confused about a lot. You should consult an expert. There is no "5 year period". IF APPROVED for participation, you get a 2-year conditional greencard then you file an I-829 to remove conditions, within 90 days before the expiration date on that card. In the second filing you must prove that you properly spent the money and created 10 direct, full time jobs for authorized workers (use E-Verify because USCIS will check all employees at this stage). You and your immediate family (adult sons and daughters even if married) do not count, no illegal aliens count, no non-immigrants count (including ones with an EAD such as students), be careful here.
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Your investment must be a real investment in your own business without any assurance that you won't lose it if your business fails. That is what "at risk" means. Why would you escrow your own money from yourself? Do you have so little fail in your business idea? If your plan is so lousy, don't proceed without the help of an expert in EB-5.