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SURREY · EB-5 FIELD GUIDE

Will petitions filed on the same day be decided together?

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THE DIRECT ANSWER

Do not expect a common finish date. Each investor has a separate personal funding and eligibility record, and visa availability may differ by category and chargeability. Shared project questions can affect several cases, while an individual evidence request may affect only one. Agree how the enterprise and households will manage different outcomes and schedules before relying on synchronized approvals.

Stagger the commercial plan, not just the filings

Build the venture's cash flow on capital arriving at different times, because that is the likely pattern. Keep a written record of when each investor's funds were contributed and how they were used, since each person will later need to show their capital was invested and sustained on the terms required. Conditional residence, when it comes, starts a separate clock per person, with the petition to remove conditions ordinarily filed in the 90 days before its second anniversary.

Plan the enterprise's own reporting on the same staggered basis, because each investor will eventually need to demonstrate that their capital was invested and sustained on the terms required, and that demonstration is easier when the records were kept per investor from the start. Ask the sponsor what periodic reporting each participant will receive, in what form, and whether it identifies that participant's capital and attributed jobs specifically. A general project update sent to everyone is useful commercially and of limited help when an individual petition to remove conditions has to be supported.