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What happens if our EB-5 business cannot meet the projected revenue?

We have applied for EB-5 I-526 in September 2018. The actual revenue of our EB-5 business is lower than projected revenue. Is this a problem if we need to submit business financials for the I-526 RFE response, if there is RFE in the future?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The critical element is to show the requisite capital has been invested and the requisite jobs created. Financial projections slay ate not relevant.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    If job creation is not affected, then it is probably OK.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    While projected versus actual revenue is an important business concept and may indicate the likelihood of success of the business, it is not crucial for I-526 purposes per se to meet your projected revenue target. It is crucial, however, to demonstrate that the business plan is credible and based on verifiable information. It also is crucial that the business itself is viable and that it likely will create the required number of full-time positions for U.S. workers. Therefore, as long as your revenue is sufficient for business survival and job creation, you should be able to answer any RFE issued by USCIS and still get the I-526 petition approved.

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    Stephen Berman

    Immigration Attorney
    Answered on

    There is no requirement that the business is profitable, only that it creates 10 jobs.

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    Michele Franchett

    Immigration Attorney
    Answered on

    It depends. If your investment is in a stand-alone (not a regional center-affiliated) business, there is no requirement in the statute or regulations that the business must meet the revenue targets outlined in the business plan. The requirements are that you make/made the requisite investment, have sustained it, and the investment helped the business create at least ten full-time jobs for U.S. workers.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    It is not a problem as long as your the required new 10 full-time employees.

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    Mark AM Catam, Esq

    Immigration Attorney
    Answered on

    The job creation would be more critical than the revenue.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    By itself, a less-than-projected revenue will not cause a denial of an I-526 petition.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    The main concern is if the required jobs will be created by the I-829 filing and will be business survive; a downturn is not fatal in itself.