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ROSEMÈRE · EB-5 FIELD GUIDE

How soon must I raise this before my I-829 window?

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THE DIRECT ANSWER

Raise it now rather than near the deadline. The I-829 is filed during the 90-day period immediately before the second anniversary of conditional residence, and questions asked in the meantime do not pause anything. An early legal review leaves room to correct a problem while correction is still possible.

Acting on a discrepancy before deadlines close in

Job creation is assessed through the case and its legal deadlines, not solely at the final stage, so a distribution question raised late can arrive with less room to fix. If the analysis shows a genuine gap in qualifying capital, ask what the documents permit and what the timing consequences are. Counsel advises on the options; the government decides the outcome.

Approval of the immigrant petition leads to conditional permanent residence for the investor, spouse and unmarried children under 21, whether obtained by consular processing or adjustment of status. The immigration calendar runs through petition adjudication, visa availability under the Visa Bulletin, the immigrant-visa or adjustment step, two years of conditional residence and the removal-of-conditions decision. A project's construction schedule is not an immigration timeline, and conditional residence is not the end of the process.

The conditional period is where a plan either produces a record or does not.