You are hereFrequently Asked Questions / EB-5 Law & Related U.S. Law / [Q] Can an EB-5 investor apply for EB-5 case where investment and job-creation took place let's say 4 or 5 years ago?

[Q] Can an EB-5 investor apply for EB-5 case where investment and job-creation took place let's say 4 or 5 years ago?


[Q] Can an I-526 be filed and approved based on the requisite investment and 10+ job-creation in or by a new commercial enterprise where both the investment and the job creation took place 4 or 5 years in the past, without having to create additional jobs after the I-526 petition is approved? Also, if the answer is "Yes", do the previously created 10+ jobs have to be maintained during the conditional resident period for the I-829 to be approved?

USCIS Answer: Yes, the jobs created a number of years ago still count, and yes they must be maintained during the conditional resident period.