Skip to content
RIVERVIEW · EB-5 FIELD GUIDE

Should the second gift be described as received while the transfer is pending?

Sources checked:

THE DIRECT ANSWER

No. State the actual status and assess the legally supported investment arrangement for the relevant stage.

Distinguish commitment from receipt

Preserve transfer instructions and confirmations without declaring anticipated funds already credited. A bare future promise is not enough to establish qualifying capital.

Residence follows only when the petition is approved and either an immigrant visa is issued abroad or adjustment of status is granted to someone already lawfully in the United States. At the I-829 stage, filed in the ninety days before the second anniversary of that admission, the enterprise must show the jobs were created, or will be within a reasonable time, using payroll records, tax filings and employee eligibility documents. The investor generally submits Form I-829 within the 90-day period immediately preceding the second anniversary; confirm exact current instructions rather than estimating from an announcement. Preparing the source-of-funds file commonly takes several months, adjudication of the investor petition follows, then a two-year conditional residence period, then Form I-829 filed generally within the ninety days before the second anniversary. Avoid making school or employment commitments depend solely on a donor’s completed transfer when the relevant immigration stages remain unresolved. After approval and when a visa number is available, the family completes consular processing or adjustment and receives two-year conditional residence; in the ninety days before the second anniversary they file the I-829 showing the capital remained invested and the jobs were created.