Skip to content
HAMPSTEAD · EB-5 FIELD GUIDE

How does the repayment date line up with conditional residence?

Sources checked:

THE DIRECT ANSWER

Compare the actual contractual trigger with the start of conditional residence. In this hypothetical brochure, the advertised period runs from payment; another agreement may use a different trigger. Immigration proceeds through the petition and visa availability to an immigrant visa and admission, or eligible adjustment. I-829 is ordinarily filed during the 90-day period immediately before the second anniversary of conditional residence. Take both dates from documents. The contractual trigger is defined in an instrument; the immigration dates come from filing receipts and admission records, and neither calendar moves because the other one does.

Mapping both calendars before you sign

Write the two timelines on one page. On the contract side: payment date, escrow release, repayment trigger. On the immigration side: filing date, priority date and visa availability, entry or adjustment, conditional residence, and the Form I-829 window.

Gaps between them are normal, and they are where the marketed promise stops being useful. Do not assume a uniform sustainment period exists to bridge them; that depends on your facts. Hypothetical example: an investor's job-creating entity is a commercial furniture importer whose loan agreement permits an extension of maturity at the borrower's option.

Reading that clause beside the conditional-residence calendar, the investor stops planning around the brochure date and asks counsel what an extension would mean for capital remaining at risk. The clause had been there all along; only the reading was new.