Skip to content
CÔTE SAINT-LUC · EB-5 FIELD GUIDE

Can a delayed project report postpone the removal-of-conditions filing window?

Sources checked:

THE DIRECT ANSWER

Do not assume it changes the immigration deadline. Track the actual conditional-residence dates and contact counsel early if needed evidence is delayed. The ordinary filing window is tied to the second anniversary of conditional residence, not to when the project chooses to issue its next update.

Escalate an evidence gap while there is time to address it

Identify the missing information, the responsible source and the date it was requested. Ask counsel how to handle the specific situation instead of waiting silently for a complete reporting package. Preserve communications and any authentic alternative records.

No general project timetable provides permission to disregard an applicable filing requirement or guarantees the result of a late or incomplete case. Waiting is the failure, and it feels like patience at the time. An investor notices in month eighteen that a promised report has not arrived, decides to give it another quarter, and raises it first with counsel a few weeks before the window.

By then the options have narrowed to whatever can be done quickly. Escalate on a schedule instead of on a feeling: if a requested item has not arrived within a stated period, write to the source, copy counsel, and record the date. Keep the request, the acknowledgement and the silence, because a documented attempt to obtain evidence is itself part of the record, and ask counsel what the file can rest on if the item never comes.