Partial Capital Contributions in the EB-5 Program

June 6th, 2023 Kyle Behring

Embarking on the EB-5 journey can be an exciting opportunity for foreign investors seeking a U.S. green card. However, the recent increase in the required investment amount to $800,000 has left many wondering how to navigate the financial hurdle. Fear not! In this engaging blog post, we’ll delve into the world of partial capital contributions in the EB-5 program, answering your burning questions along the way.

Can I file my EB-5 application without being fully invested?

Absolutely! The EB-5 regulations don’t demand that you have the full $800,000 invested when filing your I-526 application. However, USCIS requires you to demonstrate complete investment before they review your application. Think of it as a two-step dance: you show your intent to fund initially, then prove your ability to fund before the application review stage.

How does one show intent to fund?

To showcase your intent to fund, your attorney will work their magic with a range of documents. These can include investment contracts, offering documents, subscription documents, escrow agreements, partnership agreements, and a side letter outlining your initial investment details and the source of funds for the remaining balance. Together, they paint a picture of your commitment.

How does this empower investors?

By embracing partial investments, the EB-5 program opens doors for investors who may not have immediate access to the entire investment amount. It allows you enter the program, start the immigration process, and secure your spot in the queue while working towards completing the full investment. This flexibility puts you in control of your financial planning.

What evidence do I need to provide for partial investments?

To successfully file a partial investment EB-5 application, your attorney will guide you through the process of showcasing your intent and ability to fund the investment. This involves providing comprehensive documentation that demonstrates your commitment and outlines the source of funds for both the initial investment and the remaining balance.

How does the source of funds work for partial investments?

The source of funds for partial investments can vary from investor to investor. It can include the sale of assets like properties or stocks, cash-out refinancing, or even gifts from family members. As long as you can provide clear documentation supporting the source of funds, USCIS typically accepts them, giving you the flexibility to explore various avenues.

Can the source of funds change down the line?

Life is full of surprises, and USCIS understands that. If your circumstances change during the application process, you can update your source of funds documentation. For example, if you initially planned to sell a property but circumstances shift, you may be able to explore other avenues, such as a gift from a generous family member. Flexibility is key, as long as you can support it with the necessary documentation.

What happens if the project undergoes material changes?

Ah, the ever-elusive material changes. While changes to the project itself can have significant implications, fear not when it comes to your source of funds. USCIS allows flexibility in this area. However, it’s crucial to remember that any alterations outside of the source of funds may render your application invalid, requiring a withdrawal and refile with the updated project details.

Can I maintain my green card if there are material changes after approval?

Absolutely! Once your EB-5 application is approved, and you receive your conditional green card, material changes to the project won’t lead to revocation. You’ll need to file an I-829 to remove conditions, and if the project undergoes material changes during this stage, you’ll need to provide updated project details for USCIS to review. If necessary, you can present your case before a judge in immigration proceedings.

The EB-5 program with partial capital contributions opens up a world of possibilities for investors seeking a U.S. green card. By embracing this flexibility, you can start your EB-5 journey with Behring Co., secure your place in the immigration queue, and work towards completing the full investment till your review.It’s a pathway that empowers investors like you to take control of your future and make your dreams a reality in the United States.