You are hereFrequently Asked Questions / EB-5 Law & Related U.S. Law / [Q] When does investor have to show TEA requirement has been met?
[Q] When does investor have to show TEA requirement has been met?
According to USCIS, at the time of filing (not at the time of investment) I-526 petition. Even if TEA designation changes in future, it's OK, as long as this initial requirement has been met.
Note USCIS later clarified the controlling time as either the filing date or time of investment, whichever is earlier.
RE: FAQ When does investor have to show TEA requirement has been met?
The answer is only 1/2 right. IF an investment was already made in an area that was a TEA when the investment was made then that also counts. The TEA designation shown at time of filing the I-526 locks it in for the immediate future which is usually very short. The money is often earmarked and tied up in escrow and will be released for investment once the I-526 is approved.
Yes, USCIS later clarified the controlling time as the time of filing I-526 or the time of investment, whichever is earlier.