Answer: Yes, it is possible for the EB-5 investment to be made in installments. The total amount of capital required must be invested before the petition is filed to remove the condition from the investor’s permanent resident status.
The law requires that when filing the Immigrant Petition by Alien Entrepreneur (I-526), evidence that the alien entrepreneur had invested or is actively in the process of investing the amount required must be filed with the petition. So long as the alien entrepreneur can show that he is actively in the process of investing the $1 million dollars by providing evidence of monies transferred or committed to be transferred to the direct project, the EB-5 investment can be made in installments.
However, in filing the Petition to Remove Conditions (I-829), due by the second anniversary of entering as a conditional U.S. permanent resident status, the investor must provide evidence that he or she had invested the amount required and that the funds did not derive from the project.
