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APPLICATION ANSWERS · EB-5 FIELD GUIDE

Can the investment timetable assume every instalment will arrive on its due date in North Bay?

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THE DIRECT ANSWER

Use the actual agreement and payment history, while retaining contingencies. A due date is not proof of receipt or an official immigration timetable.

Identify the dependency before committing

Record conditions, dispute provisions and evidence needed to release each payment. Ask how the applicable filing requirements interact with the funds available at that stage. Avoid presenting an unpaid instalment as a completed transfer to meet a preferred schedule. Keep the investment’s commercial deadlines and government steps distinct. Investor-petition approval is not itself residence. The applicable immigrant-visa or adjustment process follows, subject to individual eligibility and visa availability. EB-5 residence is initially conditional. Form I-829 is generally filed during the 90 days before the second anniversary of obtaining conditional residence to seek removal of conditions; use the actual status date, not a payment or project-return date.

If an official response deadline already applies, track that actual deadline rather than assuming a records request pauses it; no preparation milestone promises adjudication timing. Records supporting job creation have to exist contemporaneously rather than being assembled at the end, so the reporting arrangement and the investor's entitlement to receive information should be settled at the point of investment rather than requested when the filing window approaches.