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LONGUEUIL · EB-5 FIELD GUIDE

The amended term sheet arrived two weeks before my planned filing — should I wait?

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THE DIRECT ANSWER

Do not build a petition on terms that are still moving. If the lender's amendment changes the collateral to the project's assets, have the executed version and counsel's review in hand first. Filing on documents you cannot yet substantiate risks a request for evidence or a refusal you could have avoided.

Resolve the amended terms before you rely on them

Waiting has its own cost: qualifying amounts are subject to statutory adjustment beginning January 1, 2027, so confirm the figure for your actual filing date. Also check the escrow conditions, because they set when your funds move and under what circumstances they return. Neither the funds reaching escrow nor a filed petition gives you work or travel authorization in the United States.

Use Form I-526 for a standalone investment or I-526E for the regional-center route; the chosen structure and its evidence must match the filing. Ask the lender to confirm in writing that the amendment is final and that no further condition remains outstanding, and keep that confirmation with the executed document. Ask counsel how long a review of the amended terms will take, then set the filing date after that answer rather than before it.

Where the escrow terms and the loan terms were drafted by different parties, have someone read them together, because the condition that releases your funds and the condition that triggers your first repayment are set independently and can fall closer together than anyone intended.