EB-5 Investor Visa Guidance

21.08.2025 19:01:40 Yes, an EB-5 investor visa application can generally proceed even if the investment project experiences minor delays. However, it is crucial to ensure that these delays do not affect the fundamental requirements of the EB-5 program. Here are some measures recommended to maintain eligibility during the processing period: 1. **Maintain Investment Amount**: Ensure that the full investment amount (typically $800,000 or $1,050,000 depending on whether it's in a targeted employment area) remains at risk throughout the process. 2. **Job Creation**: The project must still meet the job creation requirement of creating at least 10 full-time positions for qualifying U.S. workers within a reasonable time frame. Document any changes and how they will still achieve this requirement. 3. **Document Changes**: Keep thorough documentation of any project changes or delays and provide explanations for them. This includes updated business plans, timelines, and financial forecasts. 4. **Communicate with USCIS**: If there are significant changes or delays, it may be beneficial to proactively communicate with USCIS to explain how these will not impact meeting EB-5 requirements. 5. **Legal Compliance**: Ensure that all aspects of the project remain compliant with relevant laws and regulations to avoid jeopardizing your application. 6. **Stay Informed**: Regularly consult with immigration attorneys and stay informed about any policy updates or changes in USCIS guidance regarding EB-5 investments. 7. **Monitor Project Progress**: Actively monitor the progress of your investment project and work closely with regional centers or developers to address any issues promptly. By taking these steps, you can help ensure that your EB-5 application remains on track despite minor project delays.

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22.08.2025 23:05:00 Yes, an EB-5 petition can proceed if the project faces minor delays, as long as your investment remains “at risk” and the project is still moving toward creating the required 10 jobs. USCIS understands that large projects often encounter delays. To stay eligible, make sure your funds remain committed, keep records of progress, and provide updated documentation if asked.

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22.08.2025 23:20:16 Minor project delays don’t automatically disqualify an EB-5 case, but you must show continuous commitment of capital and a credible job-creation plan. Best practice: get regular reports from the project sponsor or regional center, keep contracts and receipts, and be ready to supplement your file with updated business plans or construction/job data during processing.

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