Do I need to have made any deposit before submitting the I-526?

An introduction to the EB-5 program and the I-526 form can help clarify the path investors follow when seeking this benefit. The EB-5 program requires the investor to demonstrate that they have invested or are committed to investing a minimum amount of capital – typically in a new commercial enterprise – with the goal of creating jobs in the United States.

The I-526 form is the cornerstone of this process, as it is where you prove that you meet the program’s requirements. Regarding the necessity of having made a deposit before submitting the I-526, it is important to clarify that there is no hard rule requiring a ‘final’ deposit completed beforehand, but rather the obligation to demonstrate that the funds are properly ‘at risk.’

In other words, you need to provide evidence that the funds have been committed and, in practice, transferred to the qualified investment opportunity. In many cases, this means that the capital may have been allocated in an escrow account or already transferred to the receiving entity – which reinforces the idea that the resources are exposed to the business risk.

Each project has its particularities, and some may require that certain steps, such as depositing into a specific account, be completed before submitting the I-526 or that there is detailed proof of fund allocation. Therefore, it is crucial to obtain all documentation that proves the lawful source of the funds, the investment commitment, and that these funds are exposed to risk as provided by the regulations.

It is important to emphasize that, in immigration matters and specifically in the EB-5 program, strictly following U.S. laws is fundamental. Seeking information from experts on the subject who can guide the structuring of the investment and the proper obtaining of documents is always recommended. This way, you avoid falling into traps or deceptive offers promising easiness or guaranteed results, which are not permitted under the United States immigration guidelines.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.