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NEW MARYLAND · EB-5 FIELD GUIDE

When should a New Maryland investor move the capital into the machining company relative to the EB-5 filing?

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THE DIRECT ANSWER

The capital must be invested or actively in the process of being invested when the petition is filed, so the transfer, or an escrow that releases into the enterprise, comes just before filing, after the source-of-funds file and the job plan are complete. Conditional residence then runs two years to Form I-829.

Trace, plan, transfer, file, then two years of conditions

Hypothetical example: the seller of the machining company wants the couple's money now, before the source-of-funds file is finished. Resist that order. The capital must be at risk and invested, or in the process of being invested, at filing, but moving it before the tracing is complete risks a petition that cannot document the money.

Finish the chains for the house and the farmland, finalize the hiring plan, then transfer the capital or fund an escrow that releases into the enterprise, and file promptly. After approval, admission or adjustment depends on visa availability for the category. Conditional residence lasts two years; Form I-829 must be filed in the ninety days before it expires, showing the capital was sustained and ten full-time jobs were created or will be within a reasonable time.

Begin tracking hires and payroll from the first month so that evidence accumulates rather than being reconstructed.