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SAINTE-THÉRÈSE · EB-5 FIELD GUIDE

The defendant pays in three instalments — must we wait for the last one before filing?

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THE DIRECT ANSWER

Not necessarily, but future settlement instalments are not automatically an investment already made. Review the lawful rights to those payments, the funding commitments to the enterprise and the applicable capital rules. An active-investment case needs concrete evidence; the defendant’s promise to pay and your intention to invest later do not by themselves establish it.

Sequencing the tranches against the filing date

A standalone filing uses Form I-526; an investment through a regional centre uses Form I-526E. Either way, the tranche schedule should be tied to the subscription documents rather than to a target filing date invented for convenience. If a payment is late, replacement is required only where a real gap in qualifying capital appears. Asking the enterprise or an agency questions does not pause any deadline that is already running.

Conditional residence follows applicable immigrant admission or adjustment approval, not closing. Identify unresolved settlement and disbursement steps before relying on a transfer date. Residence is conditional for two years; Form I-829 is filed during the ninety days before the second anniversary to remove conditions, with evidence that the capital stayed invested and the jobs were created.