According to the USCIS EB-5 investor policy manual, an immigrant investor’s money may be held in escrow until the investor has obtained conditional permanent resident status if the immediate and irrevocable release of the escrowed funds is contingent only upon:
Approval of the Immigrant Petition by Alien Entrepreneur (Form I-526); and
Visa issuance and admission to the United States as a conditional permanent resident, or approval of the investor’s Application to Register Permanent Residence or Adjust Status (Form I-485).
This gives investors the opportunity to wait until the investor’s Form I-526 is approved or denied. If it is denied, then the investor can receive his $500,000 principal investment from the bank or firm managing the escrow account. The added comfort this gives the investor is knowing that his funds are placed with a neutral party. The investor may hold his funds in an escrow within the US or a foreign escrow account. But for the foreign escrow account, the petition has to establish that it is more likely than not that the minimum qualifying capital investment will be transferred to the new commercial enterprise in the US upon the investor obtaining conditional permanent resident status.
Source: USCIS Policy Manual, Volume 6 – Immigrants, Part G – Investors, Chapter 2 – Eligibility Requirements
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