Money and structure
Tranche
Also called tranches, staggered closing, closing round.
A slice of an EB-5 offering that closes separately from the rest, so a project raises its capital in stages rather than in a single closing. The word is market jargon: no statute, regulation or USCIS policy defines it, so a tranche means only what the offering documents make it mean.
What it decides
A tranche is a slice of an EB-5 offering that closes on its own schedule. No statute, regulation or USCIS policy uses the word, so what matters is what a given tranche is attached to, and most of what sponsors attribute to tranches is fixed by law for every investor alike. Three things a tranche does not decide. It does not set the priority date: 8 CFR 204.6(d) fixes that at the date the investor's own petition is properly filed with all initial evidence and the correct fee, so a tranche reaches it only by controlling when the investor can file. It does not decide whether the money is segregated: 8 U.S.C. 1153(b)(5)(Q)(i) requires the new commercial enterprise to deposit and maintain each investor's capital in a separate account, including amounts held in escrow, whatever slice that investor bought, and (Q)(iv) puts an independent fund administrator on the account as cosignatory. And it does not choose the reserved visa category: the 20 percent rural, 10 percent high unemployment and 2 percent infrastructure set-asides at 8 U.S.C. 1153(b)(5)(B)(i)(I) turn on the project the capital goes into, so tranches differ here only when they sit under different project applications for different projects. What tranche timing genuinely decides is deadlines. Under 8 U.S.C. 1153(b)(5)(F)(i) a regional center must file its project application, Form I-956F, before any investor files Form I-526E on that offering, and filing is the gate rather than approval, so no investor in a tranche can file until the application covering it is on file. A high unemployment designation runs only for the two year period beginning on the date the Form I-956F was filed and must be renewed to continue, 8 U.S.C. 1153(b)(5)(B)(ii)(IV), so a late tranche can close after the designation supporting it has lapsed. And grandfathering under 8 U.S.C. 1153(b)(5)(S) protects only petitions filed on or before 30 September 2026, so a tranche that closes too late for its investors to file by that date leaves them outside it. Ask which project application a tranche sits under, when that application was filed, and whether its investors can still file in time.
Where this is explained properly
Pages here that go into tranche rather than mentioning it.
Related terms
- Sources and usesThe table in an EB-5 business plan or offering that lists every source of money for a project against every category it will be spent on, with the two columns totalling the same figure.
- Capital accountThe ledger a limited partnership or LLC keeps for each investor, recording capital contributed, profit and loss allocated, and anything distributed back out. It is an accounting term, not an immigration one.
Checked against primary sources on . Back to the glossary
