No. Describe the actual stage accurately and support the proposed arrangement under the applicable requirements. A launch forecast is not a completed operating record.
Preserve the distinction between preparation and delivery
Identify what rights, resources and commitments exist and what still depends on future performance. Do not create fictional customer activity to match a deadline or assume that platform activation authorizes the investor to begin U.S. work. The business and immigration steps need their own real evidence.
If the seller refuses escrow and insists on closing, the partners can still apply, but the money is then fully at risk in the ordinary sense and a refusal leaves them owning a U.S. business they cannot run in person. Certain investment-in-process and escrow arrangements can support a filing before a transaction fully closes, so the sequencing should follow a review of the specific proposed terms rather than a general assumption that closing must come first. Agreements written around a target opening date rarely allow for a step whose duration nobody controls, and a delivery clause penalising late acceptance shifts that scheduling risk onto the investor. The consular process requires a complete current record, so do not schedule the transaction around hoped-for interview timing or treat a visitor admission as permission to operate the business.