My project has already created sufficient construction jobs. However, the project has no money to continue construction right now and need to get refinanced. If they fail to get refinanced and cannot continue to construct to complete the project, or even if the project totally fail and go bankrupt at last (the completion of the project has been delayed for a long time), can I still get my I-829 approved? I’m still waiting for the interview to get the conditional green card due to the visa backlog of China, is it (if the project fail to be complete and bankrupt at last) considered as a material change and will impact my green card eligibility? The project has already created enough jobs for investors.
Answers
Fredrick W Voigtmann
Find an EB-5 Visa Lawyer: Immigration AttorneyIf there is a material change before you receive your conditional green card, you might have to refile your I-526 petition (you can use the original priority date) and update USCIS on the status of the project. If you can show that you will sustain your investment at risk and that the project will create the required number of jobs, you may be able to start your conditional period and still have a chance to remove the condition two years later.
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyFor an I-829, that is what you would argue to USCIS or a judge (should you get to that stage) that you met all program requirements, jobs have been created, and you qualify for a permanent green card.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyWe are hopeful that if the project is delayed, but the jobs created and investment is sustained, your case will be successful. Many projects are delayed with COVID-19 pandemic which is an act of God (Jus majore) permitting exceptions.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyIf I understand your facts then, yes, you can still get your I-829 approved.
Robert V Cornish Jr
Securities AttorneysIf there are enough jobs to go around, you should be in pretty good shape. But be aware that the job count may not be as high as you think, which means jobs will be allocated on a first-in basis. You may want to ascertain where you stand in relation to your fellow project investors. Whether there is an overrun of refinancing that will cause a material change in the business plan, it should not affect your eligibility, unless the USCIS deems the entire project to not have a valid business plan. And again, this will depend on the reasonableness of the business plan being submitted in connection with any material change notice. The overrun of a project to the point where it fails and files for bankruptcy is simply inexcusable, and could be the result of negligence on the part of those running, managing and actually performing work on the project. You also want to be in a position to maximize your status as a creditor in the event there is a bankruptcy, which will require U.S. counsel to monitor affairs of relevance for you.
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