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VERCHÈRES · EB-5 FIELD GUIDE

Can I wait beyond my immigrant visa’s expiry because the EB-5 project has not opened?

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THE DIRECT ANSWER

Do not assume the project delay extends the visa. Use the actual validity and instructions; the Department of State directs entry before expiration.

Separate the commercial schedule from travel permission

If the intended travel no longer fits, address the situation through the applicable process rather than relying on the expired document. This page promises no extension, reissuance or outcome for a changed itinerary. A construction update from the project sponsor describes the enterprise's timeline, not the applicant's own travel authorization, and the two documents answer completely different questions.

Contact the consular post that issued the visa, or the relevant government agency handling the applicant's specific filing, well before the printed validity period ends, rather than treating a developer's delay notice as if it extended any government-issued document. Visa validity and the authorized period of admission are separate concepts: even a valid, unexpired visa does not guarantee entry by itself, and the printed date on the travel document controls when the holder must appear regardless of the project's own construction schedule. If the itinerary genuinely cannot be met, ask counsel about the specific reissuance, revalidation or amended-filing process that actually applies to the applicant's situation rather than assuming an extension exists because the underlying investment has not changed.

Keep records of every communication with the project sponsor describing the delay, since immigration counsel will need the actual dates and reasons, not a general assurance that the project remains on track, to advise on the available options.