Can I give up on the project and try another one during the I-526?

The EB-5 program allows foreign investors to obtain a United States green card through investment and job creation, but it involves a series of quite specific steps and rules. Therefore, it is essential to thoroughly understand each phase of the process, especially the moment when the I-526 petition is filed, and always act in accordance with American immigration laws.

In the case of the I-526, the investor submits a petition demonstrating that the capital has already been invested or is committed to a qualified job-creating project. This petition is carefully reviewed and tied to the details of the presented project.

If you decide to abandon the original project and try another during the ongoing I-526, it is important to be aware that this change may compromise the consistency and integrity of the documentation submitted to immigration. In practice, changing the project during the process can mean that you will generally need to either close or substantially modify the pending I-526 petition, or even start a new process with the new project.

Each project has its particularities, and the documentation presented must prove that the new investment exactly meets the legal requirements – such as maintaining the investment, the lawful source of the funds, and, importantly, the creation or preservation of at least 10 jobs for American workers.

Given such a delicate scenario, any decision must be made cautiously. To avoid complications or misinterpretations by the United States Citizenship and Immigration Services (USCIS), it is advisable to seek guidance from specialized professionals in the field and be attentive to offers or marketing campaigns that promise guaranteed results without proper analysis of your specific case.

Remember: strictly following United States immigration laws and regulations is essential to maintain the transparency and validity of the entire EB-5 process. Carefully evaluate the risks and benefits and, if you choose to change projects, be prepared to meet new requirements that may necessitate reevaluating or restructuring your application.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.