Review the actual agreement and immigration requirements rather than infer a payment obligation from a phase label.
Separate contractual funding from the applicable capital threshold
The current general amounts are US$1,050,000 or US$800,000 for qualifying TEA or infrastructure investment, with statutory adjustment from January 1, 2027 and actual filing-date review. Explain any additional contractual request separately; neither a phase change nor an I-829 filing creates an assumed automatic top-up rule.
Read the subscription and project documents before paying anything described as a later-phase requirement. Classify the request as capital, debt, an operating charge, or a contractual remedy, and work out what would actually happen if it were declined. The statutory floor is US$1,050,000 in the ordinary case, or US$800,000 where the project genuinely earns targeted-employment-area or infrastructure treatment, and which figure applies turns on the date the petition is actually filed — not on whatever a developer chooses to call the current construction phase. Separately confirm the ten qualifying full-time jobs, lawful funding and its documented path, real exposure to loss, and the investor's policy or management role. Use Form I-526 for a standalone investment or Form I-526E for a regional-center one. Conditional residence and the later Form I-829 do not by themselves create a second investment obligation. The common error is confusing a private capital call with a statutory top-up.
Hypothetical example: A Saint-Ambroise agricultural-processing entrepreneur receives a notice seeking funds for “Phase Two.” She traces the request to a voluntary project loan rather than an immigration threshold, checks default clauses and job impacts, and confirms the lawful funding trail before any new transfer. Her review keeps the developer's financing proposal separate from what her existing EB-5 petition and eventual I-829 actually require.