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.
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".
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