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Questions and Answers > EB-5 Investments

Does USCIS require that the jobs for the EB-5 project still be in existence at the time of the I-829 petition?

What if enough jobs had been created, but after that they were lost due to the failure of the project, how does it impact my I-829 approval?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It may be a relevant fact but if the jobs were created the case is approvable.

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    Stephen Berman

    Immigration Attorney
    Answered on

    They must be in existence or CIS will deny the petition.

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    Robert V Cornish Jr

    Securities Attorney
    Answered on

    The failure of the project does not erase jobs. The jobs were either created as the law requires or they were not. This is an anomaly in EB-5. You can have a failed project that actually creates jobs. As for the investment itself, that is another story.