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SHEFFORD · EB-5 FIELD GUIDE

How should a Shefford investor time an EB-5 filing around instalment payments?

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THE DIRECT ANSWER

File when the qualifying capital has actually been received and invested. Building a schedule around expected payment dates invites both a documentation gap and a shortfall.

Let the cleared funds set the filing date

The dependable sequence is to receive the funds, document their arrival and origin, place them into the enterprise, and then file with the evidence complete. Reversing that order — filing while the third instalment is still outstanding — creates a case whose central fact is a promise. Around the filing, allow for the project’s own timetable, for adjudication periods that vary and are published by USCIS, and for the two-year conditional residence period ending in an I-829 petition that must be filed within its own window. Diarise that window when conditional residence begins rather than at the end. Verify the current qualifying amount and any targeted employment area designation close to the investment date, because designations and thresholds are subject to change.

Hypothetical example: an electronics-recycling investor signs a subscription agreement but has not assembled records showing where the funds came from. Sequence the case in two tracks: document the lawful source and path while confirming the commercial deployment and job evidence that will be needed later. The first review should produce dated reminders for records to preserve after residence begins, including payroll and enterprise statements. Do not confuse petition approval with the point at which immigration residence is obtained; visa processing or adjustment follows under the applicable rules. Delay in collecting contemporaneous bank records can make a later explanation difficult even when the investment itself was genuine.