Questions & Answers

What should I do if I spot issues with my EB-5 project at the I-495 stage?

I filled my I-526 and got approved last year. Now I am going to start the I-485 application. However, since the groundbreaking of the EB-5 project I invested in over a year ago, there has been no progress with it. The regional center only told me they have been changing the floor plan because of underground water and equipment problems. I am worried if two years later they still do nothing, USCIS could define this as a material change and that will affect my I-829 application. What should I do now? Should I seek legal help at this stage? I want to take action in advance before things get worse.

Answers

• BoBi Ahn

  Immigration Attorney

  Answered on June 28, 2019

  Your I-485 would not be affected but may cause problems at the I-829 stage. You should consult your attorney.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on June 13, 2019

  Surely you already have a lawyer who helped file the I-526. If not, you may need one. Generally, a material change may be permissible after you are approved, but if the project is going nowhere, it may be dangerous to stay on the current path.

• Marko Issever

  EB-5 Broker Dealer

  Answered on June 12, 2019

  Since your I-526 is already approved you should proceed with the I-485 and get your conditional green card. Then your sustainment period will commence. If during the sustainment period you notice that jobs are not being deemed to be created because the project is simply not moving, then you should seek serious legal counsel. That said, even now you should have had an immigration attorney who had helped you with the I-526 that is already approved and the I-485 that needs to be filed. Your first conversation should be with your current attorney.

• Julia Roussinova

  Immigration Attorney

  Answered on June 12, 2019

  You should proceed with filing I-485 (if eligible) or consular process for an immigrant visa abroad if you are not subject to immigrant visa retrogression and your priority date is current. It might be prudent to investigate with your legal counsel what specifically is going on with the project and whether or not they intend to fulfill requirements for your future I-829 filing. This is not an appropriate forum to consult regarding possible material change issues since those are complex questions based on specific facts related to your case.

• Dale Schwartz

  Immigration Attorney

  Answered on June 11, 2019

  Doesn't sound like a material change to me.

• Phuong Le

  Immigration Attorney

  Answered on June 11, 2019

  Doesn't hurt to take a closer look and hire a law firm to probe the project to see whether the delays materially affect the project's job creation. Delays in projects aren't uncommon, however, if it's due to financing issues or delays that cause the project to need more money in order to correct them. Then, you have a different problem on your hands. Again, it is worthwhile to probe deeper so you can understand if these delays actually affect the project's job creation, viability and, ultimately, its ability to repay you.

• Lynne Feldman

  Immigration Attorney

  Answered on June 11, 2019

  Certainly it is best to investigate with the regional center and with your I-526 counsel.

• Vaughan de Kirby

  Immigration Attorney

  Answered on June 11, 2019

  You should absolutely seek legal counsel. EB-5 involves a large investment and the immigration future of you and your family. You should have an experienced investment immigration attorney by representing you throughout the process.

• Hassan Elkhalil

  Immigration Attorney

  Answered on June 11, 2019

  I do not think you should do anything at this time. I am sure you investigated the regional center and the staff who are running the project and you trusted them with your money. Sit tight and do what you need to do in filing your documents with the USCIS. If there is a problem in the future, you will worry about it then.

• Charles Foster

  Immigration Attorney

  Answered on June 11, 2019

  If you have an approved EB-5 investor petition on Form I-526 and you're eligible for adjustment, you should file your application for adjustment of status on Form I-485. This is not the forum to deal with the issues that you outlined, in terms of possible material changes that might affect your I-829 application. Depending upon the facts, you would deal with those issues at the time you file your petition on Form I-829. Changing the floor plan because of underground water and equipment problems may not necessarily be deemed to be a material change, in any event.

• Salvatore Picataggio

  Immigration Attorney

  Answered on June 11, 2019

  You should seek legal help with any and all immigration processes! If there has been no progress on the project when you file the I-829, it may be possible to explain the use of funds and new expectation for job creation, but it will be an uphill battle. Withdrawal from an EB-5 investment will be set forth in the offering documents you signed (PPM, subscription or partnership agreement, etc.).