Generally, investors place the entire investment amount into escrow with release conditioned on filing or approval of the I-526. If you are concerned, insist on the release being conditioned on I-526 approval. You can also negotiate for refunds in the event of a denial. Of course, these items can be handled by your U.S. Immigration attorney, which will know how to make these provisions compliant with EB-5 rules and policies.
The entire required amount of EB-5 funds ( e.g. $5000,000.00 ), will need to be deposited in the Escrow Account at the time of filing the I-526 petition. Based upon the Business Plan and offering documents, if investing in an EB-5 Regional center project, you are in the process of investing by leaving the funds in escrow until the I-526 petition is approved. Therefore, upon approval of the I-526 petition for an EB-5 regional center project the funds will be transferred from the escrow account to the New Commercial enterprise and then committed to the project.