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[Q] Does successor-in-charge concept apply in EB-5 case?


If the new commercial enterprise entity just changes its name and EIN number but remains the same in other respects, USCIS will accept the entity as the same entity, but if any additional changes are involved, USCIS will decide on case-by-case basis.

Having said this, we have seen situations where USCIS or AAO will not accept the successor-in-charge concept, so realize that the EB-5 law as understood by USCIS varies among examiners.