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Question:

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What happens if a project developer does not follow their USCIS-approved EB-5 business plan? If a project developer does not follow the outline detailed in their USCIS-approved business plan, must they submit and get approval of a new business plan? Would this automatically cause a denial during the I-829 approval process? How far can a project developer deviate from their original plan?

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Answers:

December 15, 2014 12:06 Ed Beshara

If the developer materially changes the business plan before the investor obtains the conditional permanent residency then the investor will have to refile the investors petition with the new business plan. If the material change occurs after the conditional residency is approved then the change may have still shown a commitment of funds and the required employment creation.On this basis the I-829 petition could be approved.

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