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What happens if an EB-5 project remains unfinished for a long time?

If a project’s completion keeps getting delayed, even if my investment resulted in the creation of 10 jobs, how does that impact my green card approval?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    If your investment created the minimum required number of jobs and they were allocated to you, then it does not affect your removal of conditions process and your I-829 petition should be approved.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It should only affect your ability to recoup your investment, not your green card.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The delay in the completion of a project has no significant effect on your EB-5 petition, particularly if the project meets the job requirement by creating at least 10 jobs.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If the project is partially completed such that sufficient jobs were created for your application and, assuming you are allocated the necessary jobs, then your application to remove conditions should be approvable.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    The completion of the project could be problematic, as job creation depends on construction spending to prove at the time of I-829. However, if your investment resulted in the requisite number of jobs, that is the most important thing. This all depends on the business plan and job creation methodology presented to USCIS on your petition. Your immigration lawyer, who has reviewed all the documents in the petition, should be able to explain the documents and advise you on your particular case impact.

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    Anthony Korda

    Immigration Attorney
    Answered on

    Provided that investor funds remain at-risk and have created the required jobs, the fact that the project completion is delayed may not necessarily adversely affect your status at the I-829 stage. However, as this is a complex area, you should consult with an experienced immigration attorney to discuss the specifics of your case. The outcome may depend on whether or not the project will be completed or whether there will need to be a change or modification to the original business plan.

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    Charles Foster

    Immigration Attorney
    Answered on

    If the EB-5 project continues unfinished for a long time, it should not impact whether or not your EB-5 Investor Petition and/or your Petition to Remove Conditions on Form I-829 is approved. As long as the jobs are created and your funds remain invested, you should be fine.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    There will be no effect on green card processing/approval as long as the investment is made and the jobs are created and maintained. However, this may affect your ability to get a return on your investment as well as the exit strategy, depending on your subscription agreement.

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    Irina Rostova

    Immigration Attorney
    Answered on

    As long as jobs were created, the delay should not impact your green card.

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