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WEST VANCOUVER · EB-5 FIELD GUIDE

Should the sale close before the petition is filed?

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THE DIRECT ANSWER

Distinguish money already invested, an eligible arrangement for actively investing, and an asset sale that remains merely anticipated. Ask counsel what the applicable rules and transaction structure require at filing and how each committed amount will be evidenced. A proposed sale date is not proof of available funds; build the filing plan around documented facts and enforceable arrangements.

Let the slowest asset set the schedule

Work backwards from the tranche most likely to slip — a sale awaiting a buyer, a distribution awaiting accounts — and build the plan around it. After filing, the steps that follow depend on visa availability and government action, then conditional residence and the petition to remove conditions, ordinarily filed in the 90 days before its second anniversary. Capital must be sustained on the terms the law requires throughout, so avoid liquidity plans that assume early access.

Build the plan around the tranche most likely to slip and give that asset an owner who reports on it fortnightly, since a sale awaiting a buyer or a distribution awaiting accounts moves without anyone being told. Where the slowest asset would delay filing beyond a point the household cares about, ask counsel what could be done differently: a smaller initial commitment where the structure permits it, a different funding source, or simply a later date. Each of those is a decision the family can make; waiting to see is not.