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BEACONSFIELD · EB-5 FIELD GUIDE

Can an EB-5 project be assessed while part of its financing remains conditional?

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THE DIRECT ANSWER

The actual structure, evidence and dependencies need case-specific review. Conditional financing is a fact to analyze, not an automatic conclusion of eligibility or ineligibility. Ask how the remaining funding affects the proposed activity and qualifying-job evidence, and whether the investor’s petition would accurately describe the project’s current position.

Examine the dependency instead of relying on a label

Identify the milestone that cannot occur without the additional money, the conditions for receiving it and any documented alternative. Compare those facts with the business plan and job analysis. Have immigration counsel assess the eligibility implications and an independent financial adviser examine commercial risk. A funding target should not be presented as money already received.

Build a dated review file around the project documents, capital source and route, job methodology, subscription terms, and the applicant's personal ownership records. Read the partnership or operating agreement for voting, consultation, information, and policy-formulation rights, then compare those provisions with the role the investor will genuinely perform. The investor must be engaged in the enterprise's management or policy formulation rather than holding a passive interest, which in a regional centre structure is ordinarily satisfied through the rights of a limited partner or member. The investor must also join management or policy formulation, followed by conditional residence and a Form I-829 filing within the 90-day period immediately before the second anniversary of obtaining conditional permanent resident status.