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SAINTE-ANNE-DE-BELLEVUE · EB-5 FIELD GUIDE

What if the fee allocation is still disputed when I want to file?

Sources checked:

THE DIRECT ANSWER

Resolve the discrepancy before relying on disputed amounts. A clarification should describe actual treatment, not merely harmonize wording. Assess legal dates, contractual commitments, and consequences of delay with counsel. Filing a petition alone authorizes neither work nor travel.

Deciding between filing now and waiting for a corrected schedule

In a hypothetical closing three weeks away, the fee schedule and the capital account statement differ by US$40,000. Two options: hold the wire until the issuer reissues the schedule, or wire under revised escrow terms that name the capital figure explicitly. Because statutory amounts adjust from January 1, 2027, a delayed filing should be rechecked against the amount then in force.

Conditional residence begins with the applicable immigrant admission or adjustment approval, not merely petition approval. A delay alone is not proof that the problem disappeared, and a new category does not guarantee immediate eligibility. The petition is judged on the capital actually committed and its documented source at the time of filing. EB-5 residence is conditional for two years, and Form I-829 is generally filed during the 90 days before the second anniversary; filing alone neither removes the conditions nor guarantees repayment.