Those who decide to apply for their EB-5 visa with LCR can now jump-start their EB-5 process before they have the full amount ready to be invested.
As a result of the COVID-19 pandemic, US Citizenship and Immigration Services has been experiencing serious backlogs that have significantly stalled all immigration processes. As of April 2022, USCIS had 8.5 million open cases, with 5 million of them unresolved past their usual processing time. Applicants for the EB-5 investment visa were no exception. Investors had to wait upward of four years to receive a return on their investment in the form of a conditional green card. The good news is that in 2022, USCIS announced that it had managed to decrease the caseload by 4.8%. While things are moving slowly, the system is recovering from the COVID-imposed pileup, and companies, LCR included, are making additional adjustments to make the process even easier for their clientele.
What is partial payment for EB-5?
The partial payment option allows EB-5 applicants to send their petition to USCIS before making the full EB-5 investment. While companies can do little to increase USCIS’s efficiency and swiftness, they can make sure their clients’ lives and funds are optimized during the entire process. Usually, an applicant is required to hand over the full lump sum of $800,000 ahead at the time of their application. But with the partial payment option, they can split the amount, providing a certain sum as a “down payment” at the time of their application, with the rest to be provided within a certain period (usually six to 12 months).
While this partial payment option allows one to jump ahead in the EB-5 queue, the biggest benefit is for those who know they want to apply for EB-5 but need to wait a few weeks or months to reach full liquidity. This works very well for someone due the proceeds of an equity, dividends or a payment from a sale by a certain date. With EB-5 partial payment, they can apply for the EB-5 investor visa by making a down payment (usually 50%) while waiting for the capital they know they will receive, even before it reaches their bank account.
It is important to note, however, that the plan for liquidity must be in place, since the documentation for the source of funds must be completed at the time the initial application is sent to USCIS (I-526 filing).
Why it’s good
The option can buy time for those who do not have the full $800,000 in liquidity. Considering the length of the process, the sooner an investor applies for an EB-5 visa, the earlier they can start their new American life by getting in the queue for adjudication and/or being able to apply for adjustment of status.
How it works
The process has a couple of requirements, of course. USCIS takes the deadlines for each payment very seriously, thereby requiring an investor to provide a detailed plan showing the full commitment of their current and impending funds to the investment. An investor must provide a promissory note that’s worth as much as or more than the capital remaining to be invested. This gives USCIS the assurance that if the remaining payment is not made in due time.
It is crucial that the applicant knows where the money will be coming from and by what date, because the EB-5 application spells out this requirement in detail.
Is it safe?
LCR Capital Partners takes a conservative approach to EB-5 applications when choosing both the projects we will offer and the investors we will accept. The source-of-funds documentation is an important part of an EB-5 investor application, and in the past LCR had been hesitant to accept investors interested in partial payment.
However, some of our preferred immigration attorneys have received I-526 approvals from USCIS related to I-526 applications that have used this strategy. This experience confirms that USCIS accepts partial payments when done diligently. Therefore, LCR now feels comfortable that this option is indeed accepted by USCIS, and we are delighted to be able to offer one more strategy to assist our clients who are interested in permanent residency in the United States.
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