Is a completion delay of an EB-5 project considered as material change? - EB5Investors.com

Is a completion delay of an EB-5 project considered as material change?

My project has already created enough jobs, but the completion keeps getting delayed for years (the original completion date was 2017). Is this delay of completion considered as “ material change” and does it impact my green card approval?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

If these delays are reasonable, and construction delays are usually normal, it should not be a material change.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

It should not affect you from the facts given.

Robert V Cornish Jr

Robert V Cornish Jr

Securities Attorneys
Answered on

Three years of delay in a construction project would at first glance appear to be a material change, but it would depend on many factors, including the business plan and PPM.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

A material change is only relevant if you have not yet received your conditional lawful permanent residence. A delay or a failure to create the required number of jobs within two years, or within a reasonable time thereafter, means that you might not get your condition removed. A delay in creating jobs probably will not be construed as a material change.

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