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RURAL MUNICIPALITY OF SHERWOOD · EB-5 FIELD GUIDE

Should a Rural Municipality of Sherwood family move to the United States as soon as the land sale closes, or wait for the EB-5 petition to be approved?

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THE DIRECT ANSWER

Wait, unless you have another lawful status that permits living there. Filing the investor petition does not authorize residence, and moving early without status can jeopardize the later immigrant visa or adjustment.

The petition is not a residence permit

A closed land sale creates the funds, and filing Form I-526E or I-526 begins the process, but neither gives the family any right to live in the United States. Residence follows only when the petition is approved and either an immigrant visa is issued abroad or adjustment of status is granted to someone already lawfully in the United States. The Reform and Integrity Act allows concurrent filing of the adjustment application with the investor petition when a visa number is immediately available, which can help a family already present in a lawful nonimmigrant status, but it does not help a family that simply arrives as visitors intending to stay. If the parents want to be near the enterprise during the wait, they may make genuine business visits, and the visit purpose should match what they say at the border. Sequence the move from the approval notice and the Visa Bulletin, not from the sale closing.

Hypothetical example: an investor chooses a commercial-laundry-equipment assembler whose hiring plan unfolds over two years. The right sequence is to complete diligence and the lawful-funds file, make the required investment, file the investor petition, then plan residence only around the later immigrant-residence stage and visa availability. Petition approval alone does not by itself authorize U.S. residence or employment. Once conditional residence starts, calendar the conditions-removal filing window and preserve payroll, capital and business records for that later stage. Delaying those records until the end risks an avoidable proof problem when the enterprise must show that the required outcome occurred.