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How would a change of business location affect my EB-5 project?

I am curious about changing my business from a North Carolina TEA to a California TEA. My business focuses on adult care, and everything about it would otherwise be the same between the two states. Is this a material change? How can I make this work to maintain EB-5 compliance?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    This will likely be a material change and require new filing. The safest solution would be to wait until you file the I-829.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    That's material and probably requires a new filing.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Yes. Most likely this will be a material change and not recommended. Could you wait to get your conditional permanent residency (CPR)? Once you file your I-829 at the end of your sustainment period, two years following the date you obtained your CPR, then you could downsize your North Carolina TEA project and redeploy your resources to the California TEA. This would most likely be the safest way to make the transition. Technically speaking, once you have created the requisite jobs through the North Carolina TEA, when you are shifting the business to California you are pretty much at liberty as to where the project could be in CA. In other words, it does not have to be in a TEA anymore.

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    Phuong Le

    Immigration Attorney
    Answered on

    Would be really difficult to argue that this isn't a material change. We've been able to switch locations within a city (or even surrounding city), but absent some sort of really compelling reason, this would be a difficult case based on the circumstances.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    The answer to your question largely depends on where you are in the EB-5 process. If prior to CPR status, then most likely a material change. No one can tell for sure. Speak to an attorney and understand the risks. Furthermore, you may face other issues besides material change, such as investment jobs nexus and so on.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Moving from one TEA to another would most likely be a material change and it would be best to avoid it. However, if you must, one can certainly argue the jobs were created but you will need to argue that the geographic location is not material. Does the original regional center even cover the new location?

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    Charles Foster

    Immigration Attorney
    Answered on

    Yes, the change of your business from a North Carolina TEA to a California TEA would almost certainly be deemed to be a material change. At the very least, you would have to file an appropriate amendment.

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