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APPLICATION ANSWERS · EB-5 FIELD GUIDE

Can we file on the date the company expects to approve a distribution for a Abbotsford applicant?

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THE DIRECT ANSWER

An expected approval is not a completed payment or proof that every condition is satisfied. Assess the evidence and applicable filing requirements for the actual stage.

Track authority and transfer separately

Record the meeting or resolution, distribution conditions, net amount and actual movement. Keep later bank or corporate steps visible. Do not describe a forecast as completed funding to meet a project deadline. An immigration timetable should be coordinated with confirmed facts rather than inferred from the company calendar. 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.

Hypothetical example: a commercial-lease investor expects to sell a property in December, make an EB-5 subscription in January, and relocate with family the following autumn. Put the anticipated sale, actual transfer, petition filing, visa or adjustment stage, conditional-residence start, and later removal-of-conditions window on one timeline. The investment must satisfy the applicable rules when the petition is filed; an expected sale or future wire does not complete that step. After the applicable immigrant process, residence begins conditionally and later evidence must address sustained investment and job creation under the governing rules. Use the actual status date for the Form I-829 timing, not a project’s forecasted completion date. Preserve records throughout, including job reports, statements, and material notices. If visa availability affects the plan, do not promise a move by a commercial closing date. A first review should identify which dates are fixed, which are estimates, and which depend on government action, so the family can make reversible housing and work arrangements.