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LA PRAIRIE · EB-5 FIELD GUIDE

Should an amendment be dated back to match the original investment?

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THE DIRECT ANSWER

The record should accurately describe when documents were executed and when changes actually took effect. Do not invent a date to make the immigration chronology look simpler.

Review the change at the current case stage

An amendment’s legal effect and its immigration consequences require assessment on the facts. A new signature does not reset conditional residence or the I-829 window, and no contract date guarantees a visa decision. Record two dates for every amendment: when it was signed, and when its terms took effect.

They are frequently different, and the gap is often the point being examined. Backdating is not a tidying exercise; it misdescribes the record and creates a problem far larger than the untidiness it was meant to hide. Where a change was intended to apply from an earlier date, the document can say so openly, stating both the signature date and the effective date, and counsel can then assess it on the true facts.

Hypothetical example: a post-market surveillance reporting service asks investors to sign an amendment described as merely formalising what everyone already did; the request is reasonable only if the document states when it was signed and what period it covers. Bring the amendment to counsel at the stage the case is actually at, since the same change can matter differently before filing, while a petition is pending, and during conditional residence. Keep the signed original of every amendment in one place with the person who can produce it, because a scanned copy circulating by courriel is not the document that will be examined.