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What happens if my business has to relocate outside of a TEA after my I-526 was approved?

My I-526 application was approved about 6 months ago for a wholesale/distribution business in a TEA. The initial investment was $500,000. Now, our warehouse lease is set to expire and we have to move to a new location. It will be another warehouse location in the same county but not a TEA. My business plan does not change with this move and we will still maintain at least full 10 employees. What do we need to do to ensure the eligibility for my I-829 application? Thank you!

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    This may be considered a material change. Please consult with an EB-5 immigration attorney to look into this matter further.

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    Ed Beshara

    Immigration Attorney
    Answered on

    First, retain the services of an EB-5 economist and EB-5 immigration attorney. The economist may analyze the contiguous census tracts of the new business location to determine if it is in a TEA. Also, the original business location was located in a TEA and existed at the time of the investment and the ordinal filing of the I-526 petition. The required number of jobs will be the same whether the business is in a TEA or not.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    This will adversely affect your future I-829 filing and you may need to file an amended I-526. Discuss with your EB-5 immigration attorney.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Relocating outside of the TEA is a significant/material change even if such change occurs after the filing of the I-526. This may require a filing of an amended Petition and increase in minimum investment amount. It will definitely affect your I-829 filing, as well.

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    Charles Foster

    Immigration Attorney
    Answered on

    Your move may constitute a material change and technically you might be required to file an amendment. Furthermore, when you file your petition to remove conditions and Form I-829, you must provide information regarding your actual business along with any jobs you have created. As a result, you may not be in compliance if you move to a location that does not meet the definition of a TEA. Your best bet would be not to move until you have an improved I-829 Petition. You might also check to see whether the new location would meet the TEA requirement under the current definition.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Changes such as this prior to the approval of the I-526 can be critical and cause a denial. This is a huge issue and you may have to increase the investment amount or refile again with the higher investment amount.

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    Stephen Berman

    Immigration Attorney
    Answered on

    To ensure your eligibility, you must not do that and instead stay within the TEA.

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