Yes, the EB-5 Program requires that investors’ funds be at risk and irrevocably committed to a new commercial enterprise in order to qualify for an EB-5 Visa. Some projects sponsored by regional centers place the funds in escrow pending the adjudication of the investors’ I-526 Petition. For a direct investment, placing funds in escrow may or may not be an option. An investor should consult appropriate business and immigration counsel to determine how best to protect his/her EB-5 investment while limiting immigration risk.