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BALGONIE · EB-5 FIELD GUIDE

Should a Balgonie couple sell their house before choosing an EB-5 project?

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THE DIRECT ANSWER

Not necessarily. The capital must be committed when the petition is filed, but choosing the project, completing due diligence and preparing the source-of-funds file can and should happen before the house is sold.

Order the steps so the money is ready when the project is chosen, not before

Hypothetical example: the couple lists the house in spring intending to invest by autumn, then discovers their preferred project is fully subscribed and the next one will not accept funds for months. Meanwhile they are renting and the proceeds sit in an account. A better order: model the tax year and confirm the capital figure; review two or three offerings with a lawyer and identify the one whose terms and job allocation they understand; assemble the source-of-funds file for the retirement savings and inheritance, which can be done at any time; then time the house sale and withdrawal to the project's funding window. Filing follows the transfer to the fund's escrow. After that, the visa bulletin and USCIS processing determine when conditional residence begins, and the conditional period and the removal-of-conditions filing follow. Nothing about the sequence requires relocating to the United States before residence is granted.

Hypothetical example: a geothermal-greenhouse project expects construction to create jobs, but its permits are delayed after the investor files. The investor cannot solve that delay by moving capital out of the enterprise; sustained, at-risk investment and job evidence remain central to removing conditions. At intake, map the filing date, visa-availability stage, expected conditional-residence start, construction milestones, payroll or modelled-job evidence, and the date for preparing the removal petition. The key decision is whether the project schedule contains enough cushion for delay. Keep quarterly records rather than reconstructing them at the end. Problems arise when an investor assumes initial petition approval ends monitoring, or does not learn who will supply the job-creation records during the conditional period.