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CALIXA-LAVALLÉE · EB-5 FIELD GUIDE

Can the application rely on a property sale that has not closed?

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THE DIRECT ANSWER

Describe the transaction’s actual stage and have the evidence and investment timing reviewed. An accepted offer and completed proceeds are different facts; neither should be presented as the other.

Avoid treating a closing forecast as immigration approval

Document conditions and expected settlement without promising that the funds or a visa will arrive by a preferred date. Visa availability and admissibility remain separate requirements. Seek advice before making a commitment whose terms depend on a particular immigration outcome.

An EB-5 petition cannot be filed until the capital is invested or actively in the process of being invested, so property sales that fund it must close first, and the source-of-funds documents must be complete when the petition goes in. Commercial urgency or a delayed insurer payment does not guarantee immigration timing or excuse losing track of later filing duties. Conditional permanent residence lasts two years, and Form I-829 is filed in the ninety days before the second anniversary, so a job-creation schedule that begins after that window puts the removal of conditions on evidence that does not yet exist. Budget through two-year conditional residence, including Form I-829 filing during the 90-day period immediately preceding the second anniversary, rather than treating initial petition approval as the finish.