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KENT · EB-5 FIELD GUIDE

Should the Kent investor wire the EB-5 capital before the buyout's final instalment is paid?

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THE DIRECT ANSWER

Only if the amount already received covers the full qualifying investment. Capital must be invested or actively in the process of being invested at filing, and a petition that relies on instalments not yet received will be short. Sequence the buyout so the full sum is in hand first.

The petition is measured against money actually committed

USCIS assesses whether the required capital has been invested, or is actively in the process of being invested, when the petition is filed. Funds in escrow that release on approval are accepted as in process; money the partner has promised to pay next year is not. Hypothetical example: the buyout pays sixty percent on closing and forty percent over two years.

If the first payment alone falls below the threshold, the Kent investor cannot file on it and top up later without the petition being judged deficient at filing. Options include renegotiating the buyout for a larger initial payment, adding other documented lawful funds to reach the amount, or waiting until instalments accumulate. Whichever he chooses, the source file must explain each tranche.

Also confirm the project's own closing timetable, since a regional-center offering that fills before his money arrives leaves him restarting with a different project and a different job-creation record.