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LAVAL · EB-5 FIELD GUIDE

Should I wait for the I-829 to raise the operator change?

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THE DIRECT ANSWER

No. The petition to remove conditions is filed during the ninety-day period immediately before the second anniversary of your conditional residence, which is late to start reconstructing payroll and corporate records. Reviewing now keeps witnesses reachable and files intact, and leaves time to correct a document trail that has gaps.

A sequence that fits the remaining time

Start with the documents the project already holds, since they are the easiest to lose after a transition. Move next to the employment records for the months on either side of the handover. Then have counsel state, in writing, what the record supports and what is still missing.

Job creation is assessed through the whole case record and the deadlines applying to it, not only at the final stage. Set three dates on one page and work to them: the second anniversary of conditional residence, the opening of the ninety-day filing window immediately before it, and a personal deadline some months earlier by which the corporate and payroll records are to be in hand. The last date is the only one within the investor’s control, which is why it is the one worth defending.

Where a former employee or a departing project officer holds knowledge nobody else has, ask for a short written statement while that person is still reachable rather than assuming they will be available later. Keep that statement with the records it describes.