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How can I relocate my business without violating my EB-5 project agreement?

My business, which is in a TEA, just got approved for a direct EB-5 investment. I would like to relocate my business warehouse to somewhere else in the same TEA geographical area. Would this be subject to scrutiny? Is there anything I can do to keep the EB-5 investment and still relocate my business?

Answers

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    Charles Foster

    Immigration Attorney
    Answered on

    One may relocate their business, but the question is whether or not that is a material change that would require an amendment to any EB-5 petition on Form I-526 that has already been filed. Since your business will be in the same TEA geographic area, I would not think it would qualify as a material change.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You would need to research whether or not this would be a material change, and then if you should contact the USCIS through their EB-5 email.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If your business is still in a TEA, document that fact and you should be able to argue that this is not a material change.

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