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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?

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    Fredrick W Voigtmann

    Immigration Attorney
    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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    Robert V Cornish Jr

    Securities Attorney
    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.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It should not affect you from the facts given.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

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