How soon can we start using our EB-5 funding? Do we have to keep it in the escrow account until it gets approved? Can I start investing it on business and show the transactions down the road whenever it is required?
Generally, the usual rule is that you can only start using the fund after your I-526 is approved. However, check your agreement if your agreement allows earlier access to the fund prior to the approval of I-526. Keeping the money in the escrow account is the norm. You cannot use the money for any other investment prior to the approval of the underlying I-526.
The USCIS wants to see the funds spent on job creation, not sitting doing nothing.
Generally, if this is an investment in your own company, the capital would need to be used in business operations prior to filing your I-526 petition.
The escrow agreement contains certain terms and conditions, so you will want to review that agreement. The USCIS will not care if you authorize early release of the funds as long as they are at risk and used in accordance with your business plan.
It depends on the terms of the project that were signed with your investors.
If you are doing EB-5 direct investment, the simplest way to think about it is if it is your business, you can start using it from day 1. In fact, why even have escrow? It is your money. I am pretty sure you are not going to rip yourself off or back out of your own deal. (I simplify, but you get the point).
You can use the EB-5 fund for job-creation purposes, as outlined in your business plan right away. You do not need to wait for an approval of the I-526.
