How should I go about moving my EB-5 project after receiving my conditional green card? - EB5Investors.com

How should I go about moving my EB-5 project after receiving my conditional green card?

I am investing directly in an EB-5 project and I have received my conditional green card. How can I move the business to another state at this point in the process? Will this be considered a “major change” and raise a red flag to USICS? What are considered major changes to a direct EB-5 project?

Answers

Ed Beshara

Ed Beshara

Immigration Attorneys
Answered on

The approval of an EB-5 petition is based upon an EB-5 compliant business plan showing the location of the EB-5 business and how the required jobs will be created in the location. If the EB-5 business moves its location to a different state, the USCIS may interpret this as an abandonment of the EB-5 business.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

Even though you have a direct investment situation which is easier to move, be prepared to engage the counseling of EB5 professionals such as an immigration attorney and others in this process. For instance, moving essentially means the basis for setting up your business has changed and, as a result, a new and revised business plan is necessary. Just as well, you must be able to justify why the new destination meets the basic EB-5 requirements. Unless care is taken and this decision well-planned, an abrupt moving may trigger inquiries and even possible revocation of your conditional green card by USCIS if you cannot adequately justify such a move.

BoBi Ahn

BoBi Ahn

Immigration Attorneys
Answered on

That would depend on whether you filed having your business in a Targeted Employment Area (thereby taking advantage of the minimum required investment being $500,000 instead of $1 million). If you filed under TEA, then moving to another location may be complicated. In either case, you would most definitely need to file an amended Petition since location change would be a substantive change in business. Best bet would be to leave the business where it is until you have filed and have gotten approved the removal of conditional permanent residence.

Barbara Suri

Barbara Suri

Immigration Attorneys
Answered on

You will definitely need to inform USCIS of your move.

Charles Foster

Charles Foster

Immigration Attorneys
Answered on

Remember, in order to maintain your Lawful Permanent Residency and to remove the conditions, you will have to file a petition to do so on Form I-829. You will have to establish that you have continued to meet the job and other requirements through that time. Moving your project to another state would most likely be a material change as, for example, it may no longer be in a Targeted Economic Area (TEA) and an economic study based on your current location might need to be amended. Material changes do require a notice to the USCIS. The best way to go about this is retaining experienced immigration counsel, preferably one Board Certified in Immigration and Nationality Law, if that is permitted in your state, and one with significant experience in representing both EB-5 investors and EB-5 Regional Center projects.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

Generally, you can have material changes after you file the I-829 conditional removal application but, before moving, it would be advisable to get a legal opinion from a reputable lawyer confirming that the jobs have been created for the requisite period and the money put at risk for the full period. Moving the business location is likely to be seen as a material change but possibly an acceptable material change.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

Making substantive (i.e., material) changes to the business can jeopardize your permanent green card. I advise you to not change anything before consulting with an attorney.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

The USCIS EB-5 Policy Manual states that, once conditional permanent residence has been obtained, an EB-5 investor has more flexibility to make changes, even material changes, to his or her business plan as long as the capital investment is sustained during the entire two-year conditional period and as long as the requisite job creation occurs within the conditional period or within a reasonable period of time thereafter. While you may not be under any obligation to inform USCIS about the move to another state, it might be wise to do so anyway. Also, keep in mind that you must notify USCIS within 10 days of any change in your residence address. For your residence address change, you can file a change of address online using form AR-11. For the business address change, you could email the EB-5 investor program office.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.