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, www.eb5immigration.com, 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.
