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SENNEVILLE · EB-5 FIELD GUIDE

When should counsel review the file ahead of the I-829 window?

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THE DIRECT ANSWER

Begin when a material gap appears, then prepare I-829 well before its filing window: ordinarily the 90 days immediately before the second anniversary of conditional residence. Check applicable job-creation timing and evidence specific to the chosen method. Late collection may reduce the room to address gaps.

Sequencing a hypothetical review twelve months out

Suppose conditional residence was granted in March and the project runs six months late. A review at month twelve compares payroll to date against the ten-job requirement and names the missing evidence. Earlier stages, including the petition, visa availability and an immigrant visa or an adjustment where actually eligible, are already behind. Filing or approval of the immigrant petition alone did not confer work or travel authorization.

Anchor the immigration calendar to the date conditional permanent residence begins. Residence is conditional for two years; Form I-829 is filed in the ninety days before the second anniversary with proof the capital stayed invested and the ten jobs exist. The request to remove conditions uses a statutory pre-anniversary filing period tied to conditional residence, rather than the investment date or a repayment forecast. A viable filing strategy considers the complete record needed after conditional residence begins.