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How can I change the corporate structure after my I-526 is approved but before the EB-5 interview?

I had applied for EB-5 in 2017. My i-526 got approved in 2020. Since then we have been waiting for our visa interview through NVC. When we applied for EB-5, we formed an LLP where I was a general partner and a limited partner. Now we are thinking of removing myself as a general partner and just be a limited partner. Limited partners would have no power or authority to do anything at all. Everything is done just by the general partner. This application wasn’t through the Regional centre. My question is, if I become a passive investor at this point where I have no role or authority at all, is it okay for a direct investment EB-5 visa type? Should such change in the corporate structure be informed to USCIS or to NVC since my case is at the NVC ?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    No material change is permitted until after you land, and some level of involvement is required especially in the direct scenario.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You need a corporate attorney to review all documents to answer properly.

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    Linda Liang

    Immigration Attorney
    Answered on

    You need to work with your attorney.