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How can I change the location of my EB-5 business in a TEA after applying for I-526?

My friend applied for I-526 last year for a personal business for EB-5. The case status is "case received no further action." He was trying to negotiate a lease with the land lord but now the landlord signed the lease with someone else. How can he change location for the EB-5 business in a TEA without impacting his I-526 process?

Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    A change in location alone should not be considered a "material change" unless your friend changes his business model or other material aspects of his EB-5 enterprise or business plan. He will need to demonstrate that the new location qualified as a TEA at the time his I-526 petition was filed.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Is the location within the same TEA and just at a different address? An "interfiling" may be done to provide that update.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Since no material change is permissible until the petition has been approved, you would be advised to locate a similar lease in a similar location and notify the USCIS with evidence the new lease qualifies as a TEA.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    This could trigger a material change. He needs to speak with his lawyer to see how the petition can be preserved.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Depending on the location of the new lease, this may constitute a material change. Discuss it with your EB-5 attorney.