No. The generally applicable window is the 90 days before the second anniversary of conditional residence.
Locate the actual residence record
Do not calculate from a wire receipt, subscription agreement or initial petition approval. Have any uncertainty about the date resolved using the real case documents.
The EB-5 regulations define capital as cash and other assets owned by the investor and placed at risk, and require that the full qualifying amount be invested or actively in the process of being invested when the petition is filed. The requirement that decides most EB-5 cases is job creation: at least ten full-time positions for qualifying U.S. workers, attributable to the investment and generally created within the conditional residence period. The investor must satisfy the governing requirements for the petition, and later must complete the applicable immigrant visa or adjustment process if a visa number is available. Direct and regional-centre job rules differ, so the project must use the framework applicable to its actual structure. Separate the investor’s source-of-funds evidence from enterprise reporting and the actual applicable direct or regional-center job analysis. Residence obtained through the category begins on a conditional basis, so the investment and employment evidence must remain capable of supporting the later conditions process. Identify the actual qualifying capital and applicable threshold rather than the household’s total resources.