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BROSSARD · EB-5 FIELD GUIDE

I want to file this winter but may slip into 2027 — does the structure decision have to come first?

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THE DIRECT ANSWER

Yes. The structure determines whether you file Form I-526 or Form I-526E, and that cannot be settled after the fact. If your filing moves past January 1, 2027, statutory adjustments to the qualifying amounts apply, so recheck the figure and the offering documents at the date you actually file.

Fix the structure, then the form, then the filing date

After filing come visa availability, an immigrant visa abroad or an adjustment you are actually eligible for, then conditional residence, with Form I-829 filed during the ninety-day period immediately before the second anniversary. These stages are not always strictly sequential — a concurrent adjustment filing can be available to someone who qualifies. Chargeability usually follows country of birth, not a Canadian address or passport.

During the conditional period, gather evidence that the capital remained deployed as legally required and that the ten full-time qualifying jobs were created or will be created within the permitted framework. Check current processing information on the USCIS site and the monthly Visa Bulletin rather than relying on a figure quoted at a seminar, and treat conditional residence as a stage, not the finish.