The qualifying amounts are subject to statutory adjustment beginning on that date, and the amount that governs a case is the one in force when the petition is filed. An investor whose funds arrive in stages around that point should confirm the applicable figure officially before committing to a filing date.
A filing date is a financial decision as much as a procedural one
Where a sale closes in instalments across a year end, the natural instinct is to file as soon as enough money is available. That instinct is worth testing, because the amount required is fixed by reference to the filing rather than by when the funds were earned or when a project was chosen.
The practical steps are to confirm the current figures from official sources close to the intended date, to check whether the project's targeted employment area designation is current at that time rather than historically, and to make sure the capital is genuinely invested rather than merely available when the petition goes in. Rushing a filing to beat a date is only sensible if the source and path file is complete, since an incomplete file produces a request for evidence and a delay considerably longer than the one being avoided.
- USCIS: EB-5 Immigrant Investor Program
- USCIS Policy Manual: Volume 6, Part G, Chapter 2, Eligibility Requirements
- USCIS: EB-5 Immigrant Investor Program resources
- USCIS: Instructions for Form I-829, Petition by Investor to Remove Conditions
- United States Code: 8 U.S.C. 1153, Allocation of immigrant visas
- USCIS: Form G-1055, Fee Schedule