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BELOEIL · EB-5 FIELD GUIDE

What if the project changes its construction schedule after I invest?

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THE DIRECT ANSWER

Have the effect on the business plan and job evidence reviewed promptly. A changed schedule does not automatically mean failure or automatically preserve eligibility.

Keep the immigration and construction calendars distinct

Record material project updates and the assumptions they affect. Your conditional-residence and I-829 dates are immigration dates, not dates selected by a developer’s repayment schedule. Seek case-specific advice before relying on an earlier forecast.

The immigration timeline runs: source-of-funds file complete, subscription and wire, petition filed, petition adjudicated, visa availability checked against the Visa Bulletin, immigrant visa interview, admission as conditional residents, two years, removal-of-conditions filing and decision. If the closing tranche after tax and distribution meets the threshold for a targeted-employment-area project, the petition can be filed as soon as the path-of-funds evidence is assembled, which often takes longer than investors expect because early corporate records must be found. Preserve entry or adjustment records, calculate the window carefully, and gather evidence that capital and job requirements were met under the applicable rules. USCIS expects the capital to remain at risk for the sustainment period; the Reform and Integrity Act shortened it for post-2022 investors, and current guidance should be checked before any repayment from the project is accepted.