Can I Make a Partial Investment in the EB-5 Program?
The EB-5 Investor Program allows visas to be made available to qualified immigrants who have invested or are actively in the process of investing capital in a New Commercial Enterprise (NCE). The latter category is often described as a partial investment.
A partial investment is when an investor contributes only a part of the required capital ($1,050,000 or $800,000 if in a rural, high-unemployment, or infrastructure project). Partial investments still allow the investor to participate in the EB-5 program and pursue permanent residence in the U.S., provided that the total investment is eventually provided and creates the necessary number of jobs.
Flexibility
This approach is especially advantageous for investors who seek to file concurrently for adjustment of status based on a current visa bulletin. When investors decide to make a partial investment, they file in agreement to pay the remainder later.
The partial investment route is ideal for those anticipating receiving the total liquidity of funds within a few weeks or months after filing. This mainly benefits those expecting proceeds from equity, dividends, inheritance, employment bonus, or the sale of assets (such as a home or stocks) by a specific date. Ideally, you should provide the remaining amount within 5 to 6 months after the filing.
Source of Funds
It is crucial to note that investors must adhere to the source of funds requirements for both the initial and remaining investments. Making a partial investment requires careful strategizing and advance planning, as USCIS requires a comprehensive explanation detailing the complete source and path of funds at the time of filing. The investor must explain how the remainder of the funds will be earned, where it is coming from, and by what date it is expected to be provided to the project, even though the investor may not have it in their possession at the time of filing. Thus, although an investor may opt for a partial investment before filing, they must still thoroughly explain the complete capital investment.
Utilizing funds not originally disclosed or sourced in the initial filing is not permitted.
Request for Evidence
Furthermore, investors must adhere to the designated investment date as provided in the initial filing. Even though an investor may submit additional documents related to the remaining investment funds to USCIS after the initial EB-5 application is filed, it is guaranteed that USCIS will issue a Request for Evidence (RFE) requesting evidence related to the remaining funds.
Based on the preparation provided in the initial filing, USCIS should only need to request evidence about the remaining funds. This could include documentation documenting the deposit or transfer of funds to the investor and their subsequent transfer to the project.
Conclusion
The partial investment option within the EB-5 program offers investors flexibility and the opportunity to participate in the program in a way that allows investors to manage their expenses and complete the process at a later scheduled date. With careful planning, due diligence, and adhering to USCIS requirements regarding the source and timing of funds, investors can leverage this approach to pursue permanent residency in the U.S.
If you have any questions regarding the EB-5 process or how to make a partial investment, please email us at rpatel@patellegal.com and jtrevino@patellegal.com.
Authors: Rakesh Patel, Managing Partner and Jacqueline Trevino, Attorney Associate