How to File for EB-5 with Capital Contributions before Retrogression hits

Back May 5th, 2025 Greg Sheehan

The EB-5 Immigrant Investor Program offers foreign nationals a pathway to U.S. permanent residency through qualifying investments. However, the required minimum investment—$800,000 for projects in Targeted Employment Areas (TEAs)—can be a significant financial hurdle for many. Fortunately, USCIS permits investors to file their petitions using partial capital contributions, allowing them to secure priority dates while planning for the full investment. This guide explains how to navigate this process effectively, leveraging insights from Behring EB-5’s resources and USCIS guidelines. 

 

What Are Partial Capital Contributions? 

Partial capital contributions enable investors to file an I-526E petition with only a portion of the required $800,000 investment. USCIS requires proof that you are “actively in the process of investing” and have a credible plan to fulfill the remaining commitment before adjudication. This approach helps investors: 

  • Lock in priority dates amid potential visa retrogression. 
  • Gain time to liquidate assets or transfer funds internationally. 
  • Start the immigration process immediately while managing financial obligations. 
  • Expedite the process of obtaining Work Authorization (EAD) and Travel Authorization (Advance Parole), through concurrent filing, if available. 

Behring EB-5’s platform supports this strategy with structured payment plans and USCIS-compliant documentation. 

 

Step-by-Step Guide to Filing with Partial Contributions 

  1. Initial Capital Commitment
    Begin by investing a minimum amount based on your agreement with the Regional Center and the project-specific needs and timelines. This demonstrates your commitment and satisfies USCIS’s “actively investing” requirement. 
  2. Submit a Declaration of Intent
    Work with your immigration attorney to draft a letter outlining:
  • The source of funds for the remaining capital. 
  • A timeline for completing the investment (up to 12 months). 
  • Legal acknowledgment of consequences for non-completion. 
  1. File the I-526E Petition
    Include the initial payment receipt, declaration of intent, and supporting documents (e.g., proof of lawful fund sources). Behring’s team provides templates and attorney-reviewed frameworks to streamline this step. Form I-526E has a table to reflect the timing of future capital contributions as well.  
  2. Fulfill Remaining Contributions
    Complete the investment before USCIS adjudicates your petition or expect a Request for Additional Evidence. Behring’s payment plans allow installments, often tied to milestones like property sales or business liquidation.
  3. Submit Supplemental Evidence
    If USCIS issues a Request for Evidence (RFE), file a supplemental report confirming full payment and updated fund sourcing.

 

Key Benefits of Partial Contributions 

Common Questions 

Q: What happens if I can’t complete the payment?
A: Failure to fulfill the commitment may result in petition denial. Behring’s team helps investors create realistic timelines to avoid this. 

Q: Can I use multiple fund sources?
A: Yes. USCIS accepts diverse sources (e.g., business income, gifts, property sales), provided they’re documented legally. 

Q: How long do I have to pay the remaining amount?
A: This varies by project, and all funds must be committed before USCIS can approve the I-526E Petition. 

Why Choose Behring EB-5? 

Behring simplifies partial contribution filings with: 

  • Customizable payment plans (as well as Debt, Equity, or Hybrid options). 
  • Completion guarantees to ensure project delivery. 
  • Free consultations to assess eligibility and strategize fund sourcing. 

Plan Your Next Steps

With Reserved Set-Aside visa categories current as of May 2025, now is the time to act. Schedule a free consultation with Behring’s experts to design a payment plan tailored to your financial situation. Explore our YouTube channel for video guides on EB-5 strategies. 

Schedule a Call with Behring’s Team of EB-5 Experts to Get Started Today

Book an appointment with a Behring team member today to explore safe investment opportunities and take your first step toward U.S. permanent residency! Check out Behring Co.’s YouTube channel for more resources and insights into how we can help you achieve success through EB-5 investments!

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