Preeti Sinha

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.


Mark Ivener
December 10, 2015 06:08 PM  Mark Ivener

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.

Marko Issever
October 08, 2017 12:52 AM  Marko Issever

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".

Gregory Finkelson
October 12, 2018 02:56 PM  Gregory Finkelson

Yes, you should invest or be in the process of investment.


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