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CHARLEMAGNE · EB-5 FIELD GUIDE

Does a booked shipment establish that the inventory has already been invested?

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THE DIRECT ANSWER

Describe the actual stage and have the investment evidence and timing assessed. A booking alone is not proof of completed delivery or contribution.

Reconcile the promised and actual transfer

Preserve the relevant transfer records and explain differences. A delayed shipment does not guarantee an immigration extension, and an arrival date does not start conditional residence or the I-829 anniversary.

Track redemption, capital contribution, petition processing and the applicable residence process as different events. Job creation is assessed through the case record and the legal deadlines that apply, not only at the removal-of-conditions stage. The petition asks whether the investment was sustained and whether the required employment was created, and both are questions about the whole conditional period rather than about its final weeks. Form I-829 is generally filed during the 90-day period immediately before the second anniversary of that status, not two years after an appraisal, subscription, petition approval, or capital transfer. Budget in stages: the investment, project charges, the investor filing, later immigrant-processing charges, and the eventual conditions stage. The I-829 window opens ninety days before the second anniversary of that admission, so the retiree should calendar it from the entry date, not from the investment date.