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What happens if the EB-5 project is finished before I-526 review?

If I file an EB-5 application and transfer money to the account of the commercial enterprise, and they start to use the money right away and get the project done even before the review of the I-526, will there be any problems with that? Because the processing time for the I-526 is so long and it is highly possible it will get even longer in the next several years. Will USCIS consider the application if the project is already done?

Answers

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    Karen-Lee Pollak

    Immigration Attorney
    Answered on

    It will benefit you if the project is already done and jobs created.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    There should be no problem if the project is started or even finished before USCIS adjudicates your I-526 petition. As long as your invested capital was placed at risk and presented a sufficient nexus or connection to the creation of full-time positions with the new commercial enterprise, USCIS will adjudicate your I-526 on that basis. In fact, it will be good for your case if USCIS requests additional evidence and you can respond with all of the business activity evidence and proof that the project has been completed. It is even better if the jobs have been created early. That is not something to worry about.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    That is a real possibility now, and USCIS may accept evidence of job creation from the moment the funds are being used, even with long processing times.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    It is not clear from the facts what is meant by the project being finished. As long as the investment is directed toward job creation activities and it is documented by project documentation and a credible comprehensive business plan compliant with the EB-5 requirements that at least 10 full-time permanent jobs have been or will be created per each EB-5 investor within the two-year conditional residence period, then you should not have issues with your I-526, assuming your investment stems from a lawful source of funds and you are otherwise admissible to the United States.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    It depends on what you mean by the project is done. The key to obtaining EB-5 immigration benefits is that a project or business that is receiving the EB-5 investment create 10+ full-time, permanent jobs per each investor. Thus, if the business is done within 17+ months of I-526 processing time, it is not likely that such business ever had the viable plans to create those 10+ full-time, permanent jobs and USCIS must deny the case. If you mean that a construction phase of the project is done and the business is now running, it would depend on whether the business plan included the operational jobs, revenue-based jobs, etc. Therefore, this would depend on the EB-5 business documents that went into the I-526 application.

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    Charles Foster

    Immigration Attorney
    Answered on

    There is a potential problem if the project is finished, as the funds must remain invested throughout the I-526 stage, including through removal of conditional resident status. It is possible that if your investment and your funds are not at risk during this period of time, it could adversely affect if not your I-526 petition, your I-829 petition to remove conditions.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    That is fine. You will still need to file the I-829 two years after you get the two year green card to show the jobs have been created and sustained, and money invested in the commercial enterprise.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The key is to show the money that was invested resulted in the jobs being created. Using the money right away and getting the project done before the review of the I-526 will not usually create a problem - the key is to make sure this is clearly explained and supported by the business plan and economic report.

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