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EB-5 Job Creation: What to Do When Plans Change


The EB-5 Reform and Integrity Act of 2022 brought many changes to the EB-5 program. For the latest information, please click here.

One of the hottest issues in EB-5 adjudications, especially relating to condition removal, is when a “material change” has occurred in the investment project such as to necessitate the filing of a new I-526 petition.  “EB-5 Job Creation: What to Do When Plans Change” posted on our website,, explores the ramifications of the new CIS policy in this area.  The article contains my suggestion that, if there is a material change in the investment, the appropriate procedure is for the investor to file an amended petition, rather than a new petition as suggested by CIS.  The difference is critical in two respects.  First, a new petition would require a new two year conditional residence period.  Second, a new petition would result in any children who have subsequently reached age 21 to lose conditional residence status and the ability to become a permanent resident.  An amended petition, which is consistent with CIS and legacy INS policies in other areas, would result in neither of these negative ramifications.

  • EB-5 Immigration

    The Klasko EB-5 immigration attorney team is adept at navigating the complex investor visa program. EB-5 is a multi-year process to obtaining a US green card and you need an experienced attorney with you every step of the way.

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