An investor must have invested the funds or be in the process of investing. Please note that the entire amount must be placed “at risk” to qualify as well. Often, the entire amount is invested at one time.
An experienced EB-5 attorney will be able to assist you in the planning of the commitment if the EB-5 funds. The EB-5 rules allow the investor to be in the process of investing and as a result the investor can file the I-526 petition while the funds are in escrow and will be committed to the new commercial enterprise when certain events occur, such as the approval of the I-526 petition or the approval of the conditional permanent residency.