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RUSSELL · EB-5 FIELD GUIDE

Does signing an installment schedule mean the full amount is invested?

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THE DIRECT ANSWER

No automatic conclusion follows from the schedule alone. Review actual transfers and the legally supported process of investing under the applicable requirements.

Avoid converting intentions into completed facts

Identify what is binding, what remains contingent and how the money is committed. An unsupported promise to provide the balance cannot be described as paid qualifying capital.

Read the subscription and operating agreements beside the installment schedule. Identify the amount transferred, any binding obligation, conditions allowing withdrawal, and recipient account. EB-5 requires capital at risk that is invested or actively in the process of being invested; signing a payment calendar alone does not make every amount invested. The current threshold is US$1,050,000, or US$800,000 for a targeted employment area—rural or high unemployment—or an infrastructure project. The enterprise must create ten full-time jobs for qualifying U.S. workers, and every installment needs a lawful source and path. Use Form I-526 for a standalone investment. The common mistake is equating a contractual intention with qualifying capital while overlooking job creation.

Hypothetical example: A Russell agricultural-supply owner signs installments for a standalone U.S. cold-storage venture and has funded the first tranche. Before describing the full minimum as invested, she should document the money sent, any enforceable commitment, cancellation rights, and how the remaining funds will reach the enterprise. She should verify whether the project qualifies for a reduced threshold instead of relying on a sales label, and test its plan for ten qualifying full-time jobs. Her filing stage must match the evidence instead of treating the schedule’s final date as proof of present investment.