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FERLAND-ET-BOILLEAU · EB-5 FIELD GUIDE

Does changing the project structure preserve a Ferland-et-Boilleau investor’s original filing timeline automatically?

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THE DIRECT ANSWER

Review the actual change and applicable filing consequences rather than assume continuity.

Assess the new arrangement before relying on old milestones

A different project or form may require a different evidentiary account. Do not promise that prior preparation, fees or dates transfer unchanged, or confuse a petition milestone with the start of conditional residence.

Pause before assuming that work on the first package preserves any priority date, fee, approval, or job evidence after a structural change. Identify whether the investor is moving between a direct Form I-526 case and a regional-center Form I-526E case, changing the new commercial enterprise, or only updating a project document. Then obtain advice on amendment, withdrawal, or refiling consequences under current rules. Recheck the capital threshold, lawful source and path, at-risk deployment, and ten-full-time-job plan against the replacement structure. Visa availability and admissibility remain separate from petition preparation. Most importantly, conditional residence begins upon the relevant admission or adjustment, not when the investor first wires funds or files a petition; Form I-829 must be filed within the 90-day period immediately preceding the second anniversary of obtaining conditional permanent resident status. Old calendars should not be recycled without legal analysis.

Hypothetical example: A modular-greenhouse company considered near Ferland-et-Boilleau changes from a direct build to a regional-center project. The investor inventories completed source-of-funds work, obtains the new project documents, assesses whether Form I-526E is needed, and resets family and business milestones instead of promising that the former filing schedule survives.