That depends on which ownership structure the investment actually relies on. Confirm the effective structure and any pending changes before deciding the filing sequence.
Match the filing to the structure that will actually exist
Identify whether a pending internal transfer affects the source or ownership of the invested funds, and have that reviewed before filing rather than filing on an assumption that a transfer will be completed later.
Track the genuine changes and preserve the actual conditional-residence anniversary and I-829 window rather than assume a staffing revision resets the immigration calendar. Understand that a grant of conditional permanent residence starts a two-year period ending in Form I-829 to remove conditions, which requires evidence that the investment was sustained and the jobs created, so the file does not close when the family arrives. While a timely I-829 is pending, residence continues and is documented by the receipt notice, which extends the permanent resident card, so the family remains lawfully present even if adjudication takes longer than the two years.
- USCIS — EB-5 investor program
- USCIS — business and investment visa overview
- USCIS — Child Status Protection Act
- Department of State — Visa Bulletin
- USCIS — fee schedule
- 8 USC 1153 — current investor capital and restrictions
- 8 CFR 204.6 — employment definitions and participation; capital amounts superseded by statute