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MONTRÉAL-EST · EB-5 FIELD GUIDE

When must the ten jobs exist in an acquisition?

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THE DIRECT ANSWER

The applicable job-creation or preservation rules, not merely the seller’s preferred closing date, govern the evidence and timing. Have counsel map those rules to the acquisition facts and the petition’s supported milestones. I-829 review occurs later, with filing ordinarily during the 90 days immediately before the second anniversary of conditional residence.

Sequencing hiring against the immigration stages

Map hiring to the stages that actually gate you: petition adjudication, visa availability under your chargeability, the immigrant visa interview or a lawful adjustment, then conditional residence. Chargeability usually follows country of birth, so a Canadian address or passport alone does not tell you which queue applies. Build slack into the plan; a hiring schedule that assumes best-case processing tends to fail first.

Removal of conditions remains a later, separate step, so initial conditional residence should not be described as the final stage of the process. Within the ninety days before the second anniversary, the investor files Form I-829 to remove conditions, showing that the capital remained invested and at risk and that the required jobs were created or will be created within a reasonable time. During the conditional period, retain records of the capital, the enterprise and job creation instead of waiting for the removal-of-conditions filing window.