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Questions and Answers > EB-5 Investments

What are the chances of I-829 approval if the EB-5 project is delayed and not finished?

The EB-5 project is not 100% completed and has been delayed for a long time (potentially failed). More than enough jobs are created for each investor, and one I-829 is approved already. How will that impact my own I-829 application?

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Answers

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    If BP has been implemented, jobs have been created, and your funds sustained at risk, the I-829 has a chance for approval even if the project has stalled.

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    Robert V Cornish Jr

    Securities Attorney
    Answered on

    Your question presents a number of issues that are unique to EB-5. If jobs were indeed created and that was documented in a reasonable and verifiable manner, you may well have a path to immigration benefits. On the other hand, there may well be issues that may cause you to seek redress for the investment you made. Of course, it would likely be that the amount of jobs would not be as high as that as originally reported to USCIS. In that case, jobs would likely be allocated to those first investors in and then to others in the order in which they invested.

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    Phuong Le

    Immigration Attorney
    Answered on

    If the New Commercial Enterprise and the Regional Center are still in good standing, it may still be an approvable case if it is handled correctly.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The 100% completion of the EB-5 project is not required for condition removal. The requirements are that firstly, you sustained your at-risk EB-5 capital in the project for the conditional/sustainment period; and secondly, the NCE created the required number of full-time jobs (10 for each EB-5 investor) for qualifying U.S. workers within the conditional period or within a reasonable time thereafter (usually an additional one year).

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If the money was put at risk and the jobs created the case should be approvable.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Facts do not prohibit your approval.