It is a financing constraint, not an immigration rule. Assess the filing evidence and investment conditions before relying on the lender’s date.
Coordinate conditions without misrepresenting readiness
Record the drawdown requirements, expiry, investment deadline and documents still needed. Ask what happens commercially if funds are not used in time. Do not draw or route money based on an assumed government outcome or describe a loan as funded before disbursement. Keep a documented contingency for changes in either process. Petition approval alone is not residence; the applicant must complete immigrant-visa processing or adjustment, subject to eligibility and visa availability. EB-5 grants conditional permanent residence for two years, after which conditions are removed through Form I-829, generally filed in the 90 days before the second anniversary measured from the actual conditional-residence date.
Hypothetical example: A data-centre investor has a lender commitment expiring before the project accepts the next subscription, while visa availability may require a later immigration step. Build separate calendars for financing, investment acceptance, petition preparation, visa or adjustment processing, conditional residence, and removal of conditions. The first review should identify which dates are contractual and which depend on government action. Do not draw or redeploy money based on an assumed approval. Petition approval is not residence, and conditional residence carries its own later filing window based on the actual anniversary. Problems occur when a project deadline is mistaken for a status deadline or when funds are moved before the source record is complete. Preserve a documented commercial fallback if the investment or immigration sequence changes.