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MONT-SAINT-HILAIRE · EB-5 FIELD GUIDE

Does postponing a start date automatically disqualify the entire EB-5 case?

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THE DIRECT ANSWER

Do not assume that result or dismiss the change. Assess the impact on the business plan and the evidence and timing applicable to the actual case stage.

Document the revised reality

Keep the reason for the change and the updated supported forecast. A delayed hire does not itself extend an immigration deadline, while a completed hire does not alone prove all job requirements or guarantee removal of conditions.

Distribution timing can change when funding is possible, but it does not determine petition adjudication, visa availability or family admission. Use the actual immigration record for the I-829 window, generally the 90 days before the second anniversary. List construction or business milestones next to the immigration steps without treating them as interchangeable. Track the actual immigration deadline separately from the project’s reporting schedule. Apply the job-creation timing rules for the direct or regional-center structure and keep the conditional-residence timeline separate. Plan the conditional-residence period as an evidence period, with payroll, business records, and capital records preserved as events occur.

At filing, the record must show qualifying capital already committed under the applicable investment process, and the job plan must be credible.