If I don’t start the company after the I-526, what happens?

The EB-5 visa was created to encourage investments that generate jobs in the United States. Under this program, the investor must demonstrate that the invested capital will be directed to an enterprise that meets the job creation requirements, which includes the actual opening and operation of a company. Therefore, the implementation of the business project is a fundamental step in the process.

If the company is not started after the approval of the I-526, the consequences can be serious for the progress of the process. This inactivity can create the perception that the necessary requirements, such as the investment and job creation, are not being properly fulfilled.

Within the scope of the EB-5 visa, the approval of the I-526 presupposes the intention to carry out a project that effectively creates jobs, and not opening the company can be interpreted as non-compliance with this obligation. This may lead to the interruption of the conditional green card process since, at the time of the adjustment of status review, immigration authorities will verify if all program criteria have been effectively met.

It is important to note that, beyond these implications, failing to follow the established procedures can cause future problems, such as the possible need to reverse the investment or face legal challenges to demonstrate compliance with the program’s requirements.

Thus, maintaining commitment to the project from initial approval to its implementation is vital to ensure the integrity of the immigration process. I always emphasize the importance of strictly following United States immigration laws, seeking support from specialized professionals, and avoiding scams or easy marketing promises that guarantee results.

Each case is unique and requires a detailed analysis so that all stages are properly fulfilled. In summary, not opening the company after the I-526 approval can compromise the entire EB-5 process, affecting not only the investment but also the chance of obtaining permanent resident status.

Therefore, it is essential to complete all required steps and have the appropriate support to avoid future complications.

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.