EB-5 Regional Centers and projects may actually have some flexibility in when the funds can be used, depending on their relationship and agreements with investors. Investors must have invested or be in the process of investing in the new commercial enterprise to be eligible for an approval, so using the money before an approval or even an application being filed can be probative evidence of this requirement being met. Of course, the investor will have to approve of this, and may insist on refunds if their petitions or applications are denied. Our law firm has experience with these types of arrangements, and re recommend retaining a law firm experienced as such to assist any EB-5 project.
The EB5 rules and policies allow the foreign national investor to invest funds in the new commercial enterprise and the new commercial enterprise may commit and utilize these investment funds before the investors I-526 petition is approved or before the investor obtains conditional permanent residency visa.