Describe it as proposed and assess the actual funding stage under the applicable rules.
Avoid treating an intention as a completed transfer
The process-of-investing rules require case-specific analysis; a bare promise is not sufficient. A planned distribution date does not determine the residence anniversary or the I-829 filing window.
Map EB-5 as a sequence of evidence and immigration events: source creation, tracing, commitment, petition, immigrant-visa or adjustment processing when available, conditional residence, and the later petition to remove conditions. A first review should identify which step has actually occurred and which is still contingent. Do not present an expected sale, an unsigned loan, or a future job as completed. Capital must be invested or actively in the process of being invested under the applicable rules, remain at risk, and support the required job outcome. The removal petition is generally filed during the 90-day period before the second anniversary of conditional residence, not merely two years after an earlier source transaction. Hypothetical example: a truffle distributor signs a regional-centre subscription while waiting for a family property sale. The subscription, sale closing, and escrow release dates are separate events. The decision is whether the available funds and documents support a filing now or whether waiting produces a cleaner source chain, while recognizing that neither choice guarantees a particular visa-processing date.
Keep the source chronology and the immigration chronology on one dated chart, but do not collapse them. A clean chart distinguishes a completed wire from a planned contribution and conditional residence from the earlier petition stage. That distinction helps prevent a later filing deadline from being calculated from the wrong event.