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CHÂTEAUGUAY · EB-5 FIELD GUIDE

What if the project asks the investor to waive rights after filing?

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THE DIRECT ANSWER

Have the proposed change reviewed before assuming it is harmless or automatically disqualifying. Identify the current participation basis and what the waiver would change.

Preserve the versions and effective dates

The agreement’s commercial consequences and immigration relevance need attention together. Do not rely on rights that have been removed without explanation or treat an immigration milestone as approval of every later contractual amendment. Version control is the practical safeguard.

Keep every version of the governing documents in dated form, so the text in force on the day of each significant step can be produced without argument. When a waiver or amendment is proposed, obtain it as a document — not as a summary in a covering message — and read three things: which right it removes or narrows, the date it takes effect, and whether it applies to existing investors or only to new ones. Hypothetical example: a project circulates a consent narrowing member approval rights over asset sales while a petition is pending; the investor needs the instrument itself, its effective date, and advice on what the change does to the participation basis relied on, before signing anything.

Declining to sign carries consequences too, and those belong in the same conversation. Do not treat an immigration milestone already reached as approval of a later contractual change, and do not assume a change is fatal before it has been read.