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APPLICATION ANSWERS · EB-5 FIELD GUIDE

What if the project adds investors after a Saguenay investor’s case is filed?

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THE DIRECT ANSWER

Review the actual change, allocation terms and effect on the evidence at the relevant case stage. Do not assume the original projection still supports every investor without examining the revised facts. The legal consequences depend on the arrangement, not only the new total.

Obtain the current explanation promptly

Preserve notices, updated reports and governing amendments and seek appropriate review. A petition filing is not blanket acceptance of all later changes. Keep the conditional-residence and I-829 calendar separate from the project’s fundraising schedule.

A first review should separate the project’s offering calendar from petition filing, visa or adjustment processing, conditional-residence dates, and the later I-829 window. Notices, investment records, and current job reports should be preserved in date order. Capital must stay at risk, ten qualifying full-time jobs must be supported, and conditional residence precedes removal of conditions. Hypothetical example: A recycled-glass manufacturing project postpones construction after the investor files. The investor should obtain the revised schedule and evaluate its effect on the job evidence rather than assume the original projection remains controlling. Petition approval is not the final residence result, and a changed project schedule may require careful case-specific analysis.

Keep the project’s revised construction milestones with the case calendar so that an important delay is evaluated rather than overlooked.

Obtain the amended investor ledger, operative allocation terms, updated economic analysis and explanation of changed project inputs as soon as new participants are admitted. Recheck whether ten qualifying U.S.-worker positions, each full time, remain supportable for this investor without double counting. The applicable petition is Form I-526E for a regional-center investment or Form I-526 for a direct one; lawful source and path must still trace the standard amount of US$1,050,000. When infrastructure or targeted-employment-area rules qualify the project, the figure is US$800,000. Filing does not lock every later project fact. Separately calendar the two-year conditional-residence period and Form I-829. Ignoring dilution until removal of conditions is the preventable timing error.

Hypothetical example: A Saguenay broadband-equipment founder receives notice that an infrastructure project will accept another investor class. He preserves the notice, compares revised allocation priority with his signed agreement and requests the refreshed job analysis before relying on the original total. His immigration calendar continues from conditional residence, not from the fundraising close. A sponsor’s reassurance cannot replace documents showing that his ten-job share remains supportable.