Pay $800K for EB-5 visa, but not all at once: How Indians can start with just $200K partial investments
In simple terms, a deferred or staggered EB-5 investment means the investor does not wire the full USD 800,000 to the new commercial enterprise ("NCE") on day one
- Dec 17, 2025,
- Updated Dec 17, 2025 3:58 PM IST
As Indian interest in the EB-5 Immigrant Investor Programme rises again, one concept has moved from niche structuring to mainstream discussion: partial or staggered EB-5 investment.
Often marketed as a way to work around India’s Liberalised Remittance Scheme (LRS) limits or asset-sale timelines, staggered investment is neither a shortcut nor a loophole. It is a strictly regulated funding model that works only if it aligns precisely with USCIS policy, documentary standards, and visa-timing realities.
At its core, a staggered EB-5 investment is not about reducing the $800,000 USD requirement. It is about how and when the full amount is invested, and whether the investor can demonstrate, on paper, that the capital is genuinely “in the process of being invested” when the visa petition is filed.
What a staggered EB-5 investment looks like in practice
“In simple terms, a deferred or staggered EB-5 investment means the investor does not wire the full USD 800,000 to the new commercial enterprise (“NCE”) on day one,” Nicholas A. Mastroianni III, President & CMO of USIF, told Business Today.
“Instead, they invest a meaningful first tranche, sign binding documents for the remaining amount, and then file their EB-5 petition at the start of that process – followed by investment of the balance totalling USD 800,000 over a defined period.”
Are staggered EB-5 investments actually allowed?
Yes, but with conditions.
“Deferred or staggered payments are permitted under the EB-5 Program,” Mastroianni said.
“USCIS rules permit an investor to qualify if either they have already invested the full USD 800,000 or ‘actively in the process of investing’ the full USD 800,000 investment amount – provided there is a present, binding commitment to complete the investment of the full USD 800,000, and the funds are placed at risk in a new commercial enterprise (NCE).”
This is where many misunderstandings arise. A casual promise to pay later, or an informal understanding with a project sponsor, does not meet this standard. USCIS expects enforceable contracts, clear payment schedules, and full transparency on how future funds will be sourced and transferred.
Typical structures and timelines
Stage 1: Initial investment and I-526E filing (roughly 0–1 month)
Most investors begin by wiring USD 200,000–300,000 into the NCE’s escrow account. At the same time, they sign legally binding agreements committing them to fund the remaining balance within a defined timeframe.
Crucially, USCIS policy requires full source-of-funds documentation for each tranche at the time the Form I-526E petition is filed, even for capital that will be invested later.
Stage 2: Subsequent instalments (often within 6–12 months)
The remaining balance is invested in two or more instalments under the agreed schedule.
“It is important for investors to make timely payment of the balance of investment capital owed to the NCE,” Mastroianni said.
These timelines are typically designed to align with India’s LRS cap of USD 250,000 per individual per financial year, as well as banking compliance checks, tax documentation, and asset-liquidation realities, according to Mastroianni.
Why Indian investors are using staggered models now
The biggest advantage is timing, not flexibility.
“The main strategic value of a deferred investment model is timing: it allows investors to file earlier and thereby secure an earlier priority date and visa category, even if they cannot deploy the full USD 800,000 immediately,” Mastroianni said.
The priority date matters because it determines an investor's position in the visa queue and which EB-5 category is applicable.
The real risks in staggered funding
Risks fall into two buckets.
Immigration risks: USCIS requires petitions to be “approvable when filed”. Faster processing in some rural projects means adjudication can occur before all instalments are paid.
If documentation is weak, this can trigger RFEs, NOIDs or denials.
Financial and operational risks: LRS limits, Indian banking delays, and slow asset sales can disrupt funding schedules. If many investors delay instalments, projects may struggle with financing and job creation, affecting later I-829 approvals.
As Indian interest in the EB-5 Immigrant Investor Programme rises again, one concept has moved from niche structuring to mainstream discussion: partial or staggered EB-5 investment.
Often marketed as a way to work around India’s Liberalised Remittance Scheme (LRS) limits or asset-sale timelines, staggered investment is neither a shortcut nor a loophole. It is a strictly regulated funding model that works only if it aligns precisely with USCIS policy, documentary standards, and visa-timing realities.
At its core, a staggered EB-5 investment is not about reducing the $800,000 USD requirement. It is about how and when the full amount is invested, and whether the investor can demonstrate, on paper, that the capital is genuinely “in the process of being invested” when the visa petition is filed.
What a staggered EB-5 investment looks like in practice
“In simple terms, a deferred or staggered EB-5 investment means the investor does not wire the full USD 800,000 to the new commercial enterprise (“NCE”) on day one,” Nicholas A. Mastroianni III, President & CMO of USIF, told Business Today.
“Instead, they invest a meaningful first tranche, sign binding documents for the remaining amount, and then file their EB-5 petition at the start of that process – followed by investment of the balance totalling USD 800,000 over a defined period.”
Are staggered EB-5 investments actually allowed?
Yes, but with conditions.
“Deferred or staggered payments are permitted under the EB-5 Program,” Mastroianni said.
“USCIS rules permit an investor to qualify if either they have already invested the full USD 800,000 or ‘actively in the process of investing’ the full USD 800,000 investment amount – provided there is a present, binding commitment to complete the investment of the full USD 800,000, and the funds are placed at risk in a new commercial enterprise (NCE).”
This is where many misunderstandings arise. A casual promise to pay later, or an informal understanding with a project sponsor, does not meet this standard. USCIS expects enforceable contracts, clear payment schedules, and full transparency on how future funds will be sourced and transferred.
Typical structures and timelines
Stage 1: Initial investment and I-526E filing (roughly 0–1 month)
Most investors begin by wiring USD 200,000–300,000 into the NCE’s escrow account. At the same time, they sign legally binding agreements committing them to fund the remaining balance within a defined timeframe.
Crucially, USCIS policy requires full source-of-funds documentation for each tranche at the time the Form I-526E petition is filed, even for capital that will be invested later.
Stage 2: Subsequent instalments (often within 6–12 months)
The remaining balance is invested in two or more instalments under the agreed schedule.
“It is important for investors to make timely payment of the balance of investment capital owed to the NCE,” Mastroianni said.
These timelines are typically designed to align with India’s LRS cap of USD 250,000 per individual per financial year, as well as banking compliance checks, tax documentation, and asset-liquidation realities, according to Mastroianni.
Why Indian investors are using staggered models now
The biggest advantage is timing, not flexibility.
“The main strategic value of a deferred investment model is timing: it allows investors to file earlier and thereby secure an earlier priority date and visa category, even if they cannot deploy the full USD 800,000 immediately,” Mastroianni said.
The priority date matters because it determines an investor's position in the visa queue and which EB-5 category is applicable.
The real risks in staggered funding
Risks fall into two buckets.
Immigration risks: USCIS requires petitions to be “approvable when filed”. Faster processing in some rural projects means adjudication can occur before all instalments are paid.
If documentation is weak, this can trigger RFEs, NOIDs or denials.
Financial and operational risks: LRS limits, Indian banking delays, and slow asset sales can disrupt funding schedules. If many investors delay instalments, projects may struggle with financing and job creation, affecting later I-829 approvals.