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KING · EB-5 FIELD GUIDE

How do escrow release dates affect EB-5 planning?

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THE DIRECT ANSWER

Release dates can affect the investment evidence and deployment sequence, but they do not determine adjudication or visa availability. Counsel should review their significance under the rules applicable to the particular filing.

Track release and immigration separately

List the contractual trigger, supporting evidence and responsible party for each release. Preserve actual dates when the trigger occurs and funds move. If terms change or a release is delayed, obtain advice before assuming the petition remains unaffected.

Keep family commitments flexible because a deposited or released investment is only one milestone in a longer immigration process. Record each release trigger as a row: the contractual condition, the document that will evidence it, the party responsible for certifying it and the date it actually occurs. Complete the final column as events happen rather than reconstructing it later, because the evidence of a trigger is easiest to obtain at the moment it is met.

Release dates can bear on the investment evidence and the deployment sequence, and counsel should assess their significance under the rules applicable to the particular filing rather than by analogy to another project. They do not determine adjudication or visa availability, and the two timetables should be tracked in separate records so that a delay in one is not read as progress in the other. Preserve the actual dates on which funds moved, which are often not the dates the agreement anticipated.