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How do I change my business plan?

I have already filed my I-526 but want to make changes to my business plan, is this possible? Will I have to re file a new I-526 or is there a way I can amend the one I have already filed? I do not want to delay the process any more than necessary. What is the fastest way to go about this?

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    The issue is whether there is a material change in the business plan. If changes to the business plan are not material, it is not necessary to file a new I-526 petition. Please consult an experienced EB-5 immigration attorney to determine the effects of making the changes to your business plan.

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    Marc Yelnick

    Immigration Attorney
    Answered on

    A basic rule of CIS processing is that a pending petition or application may be amended up until the time a decision is rendered. I know of no exceptions for Form I-526.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    This is a complicated question. You should consult with an experienced EB-5 immigration attorney such as myself regarding this issue. If the changes to the business plan are material changes, then you might need to withdraw and refile the I-526 petition with the new business plan. Another option might be to wait for a Request for Evidence (RFE) and try to supplement your petition with the new business plan and make the argument that the changes are necessary, but that they do not constitute any material change.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    It depends on the amendment. If minor, it is certainly possible. If you are changing the investment, you will probably need a new 526.

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    Rohit Kapuria

    Immigration Attorney
    Answered on

    I am assuming you have a pending I-526 under a direct EB-5 deal. The issue relates to whether the proposed change is "material." This standard was recently clarified by CIS. If the changes are to cure a deficiency in the submitted business plan, you would have to re-file. I would advise you to discuss these proposed changes with an EB-5 attorney to determine whether the changes are in fact material enough to warrant a re-file. If you unilaterally make the changes and CIS adjudicates your submission on old facts, you may run into trouble at the I-829 stage.

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    Boyd Campbell

    Immigration Attorney
    Answered on

    USCIS expanded and tried to clarify what constitutes "material change", which requires re-filing the I-526 petition. You may consult the May 30, 2013, USCIS EB-5 adjudications policy memorandum, or ask an immigration lawyer to do it for you.

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    Ed Beshara

    Immigration Attorney
    Answered on

    An experienced EB-5 immigration attorney will be able to offer you advise on the appropriate way to move forward. That is, if the changes to the business plan are not material changes then no new I-526 petition needs to be filed.

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    Ying Lu

    Immigration Attorney
    Answered on

    If the change to the business plan js deemed as a "material change" by the USCIS, it will create extreme difficulty for you to remove your condition in the I-829 stage. However, what is a "material change" and what is not is a fact issue and will be determined case by case. Please consult an experienced EB-5 attorney regarding the possibility to change the business plan.

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    Jian X Kang

    Immigration Attorney
    Answered on

    It depends on whether you filed your I-526 as an individual investor establishing your own enterprise or as an investor participating in a regional center. If you filed your I-526 as an individual investor establishing your own enterprise, you should not be too concerned about minor changes to your business plan. But if the business plan will change materially and the changes will affect how the USCIS will evaluate your business with respect to your number of employees, revenue, profit, size of business operations, then you should be prepared to submitted an amended business plan. The best time to do so is probably when you receive a request for evidence which happens quite often. If you submit the document at any other time, your new business plan most likely will not become part of the case file. If you filed your I-526 as an individual investor, participating in a regional center, you should contact your attorney and the regional center about any changes to the business plan. Changes to the business plan are serious matters that should be thoroughly thought out based on sound legal advice. If you have any questions or concerns about this matter, please feel free to contact me.

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    Michael A Harris

    Immigration Attorney
    Answered on

    Was there an immigration attorney that filed this for you? You need to discuss this in detail and confidentially with an attorney. The issue here will be whether there is a material change to the business plan.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    It will depend on how you wish to revise. If the business plan is drastically changed, particularly the job creation aspect, it may be simpler to withdraw the old one submit a new one. It will depend on your previous petition and plan and what the changes are. You should consult with your attorney on how best to approach it.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Certain changes can be consider "material" and cause delays in the adjudication of an I-526 or even denials. Other changes may be acceptable, however. Retaining qualified and experienced EB-5 counsel can assist you with approvable and acceptable documentation.

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