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CÔTE SAINT-LUC · EB-5 FIELD GUIDE

Does a project’s positive quarterly report establish that EB-5 conditions can be removed?

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THE DIRECT ANSWER

No report alone guarantees that result. Review how the information supports the applicable investment and job requirements in the actual case. A sponsor may describe progress accurately while leaving important evidentiary questions unanswered. The removal-of-conditions assessment relies on the relevant facts and filing evidence, not on promotional reassurance.

Ask what sits behind each important statement

Identify the records supporting employment, spending or other project claims used in the immigration analysis. Discuss with counsel which records are relevant and available rather than requesting every possible business document indiscriminately. Keep dated explanations of material changes.

A favorable report is a starting point for review, not a substitute for the government’s adjudication. Sentences in a project report divide into three kinds, and only one of them is useful here. Some are verifiable facts with a record behind them; some are opinions about the future; some are legal characterizations the sponsor is not the one to make.

A line reading that the project remains compliant belongs to the third kind and should be read as a statement of intent, not a finding. Mark each significant sentence with which kind it is and which record would support it, then ask counsel only about the ones that carry weight. Hypothetical example: an update announcing that a residential care facility has begun operations is a fact with records behind it; the same update's assertion that job creation is on track for every investor is a projection, and the two should not be filed as though they were equivalent.