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DIEPPE · EB-5 FIELD GUIDE

Can I leave missing intermediate statements until after filing?

Sources checked:

THE DIRECT ANSWER

Identify the evidence required for the actual filing before assuming it can be supplied later.

Request hard-to-obtain records early

Record which institution holds each statement and any known delay. A project’s commercial deadline does not waive lawful-source and path requirements.

The petition must show that the required capital has been contributed or is actively being contributed, which for a regional-center project usually means the funds sit in the project's escrow under terms that release them to the enterprise on filing or approval. Plan the enterprise's own reporting on the same staggered basis, because each investor will eventually need to demonstrate that their capital was invested and sustained on the terms required, and that demonstration is easier when the records were kept per investor from the start. The first review should create a sequence chart for business deadlines, immigration milestones, documents required before filing, later evidence and unresolved conditions. Plan beyond petition filing: the immigrant visa or adjustment stage, conditional-residence commencement, preservation of capital and jobs, and the later request to remove conditions require calendar control and ongoing records. EB-5 requires qualifying capital placed at risk, the required job creation, and conditional permanent residence before later condition removal; an accountant’s report may support facts but cannot substitute for the underlying immigration evidence.