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How could a change of investment projects impact the status of a dependent in an EB-5 case?

I am the dependent of an EB-5 application. The principal applicant has gotten her conditional green card, but I delayed the visa appointment and have not gotten the permanent residency status. If the principal applicant changes the investment to a different project, will this be deemed as a material change and jeopardize my EB-5 visa?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    They cannot change the investment now. The new regulations may allow for a change of investment and keeping the priority date, but a whole new I-526 petition would still be necessary.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If the principal has already obtained conditional permanent residency, then some level of change is permissible, or at least USCIS is more lenient. However, if the jobs were not created, then USCIS can go back and revoke the petition approval.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Potentially.

  • Avatar

    Marko Issever

    EB-5 Broker Dealer
    Answered on

    When you say the principal investor changing the project, do you mean changing the regional center? This might even disqualify her. Your application is tied to the principal investor. If this material change affects the principal investor it would, unfortunately, affect you as well.

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    Mark AM Catam, Esq

    Immigration Attorney
    Answered on

    This would depend on the facts of the case. It will require a careful analysis.

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    Charles Foster

    Immigration Attorney
    Answered on

    It will not necessarily jeopardize your application. You qualify as a dependent not on the project per se. In any event to keep funds at risk the PPM may provide for such change.

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    Phuong Le

    Immigration Attorney
    Answered on

    Your status is entirely contingent on the lead petitioner and your eligibility is tied to him/her as well. If a material change impacts the lead petition it can certainly ripple out to you. Unless USCIS has made a formal decision, however, there has likely been no finding of material change. Thus, it may be your best interest to enter as soon as possible if that is the case.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    Your status as a dependent depends on the status of the principal applicant. Regarding the change of investment, I would be very careful in making any changes to the status quo at this time. If you have to, look at the exit strategy or options you had when you signed up with the regional center.

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