Do I need to invest before the I-526 petition is filed?
I am looking into starting a business under direct EB-5. I understand that I need to register a company and move the funds into it before the I-526 is filed. But do I need to actually start investing (sign leases or start construction) before the I-526 is filed? Or can I wait for the I-526 approval before investing? Without approval I will not be able to work and run the business.
Answers
Yes, Immigration wants to see money at risk. So you either need to be on an E-2 visa or have a U.S. partner or manager.
In order to file an I-526 petition regardless of the method, in other words, in either the direct investment or the regional center method the funds have to be invested and be "at risk".
Yes, you should invest or be in the process of investment.
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