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[Q] What are legal differences between "material" and "immaterial" changes to EB-5 projects AFTER I-526 petition approval?


[Q] Dec 11, 2009 Neufeld guidance memo discusses "material" changes to EB-5 projects AFTER I-526 petition approval that make I-829 conditions removals fatal and therefore, require new, additional I-526 filings, in addition to longer CPR status. What are the legal differences between "material" and "immaterial" changes to EB-5 projects?

This is big "black hole" issue which has not been well articulated by USCIS/CSC and needs to be addressed quickly.

In our opinion, if one reviews I-829 requirements carefully, the only "reasonable" conclusion that can be reached is that only those changes to the EB-5 project -- after I-526 has been approved -- which would be fatal to meeting I-829 requirements should be considered to be "material" changes -- and therefore require filing of new, additional I-526 petition. Any other changes should be considered "immaterial" and I-829 petition submitted which contains any "immaterial" changes should be reviewed and approved, without subjecting the case to go through another filing and approval of I-526 petition -- and also without subjecting petitioner to undergo additional CPR time periods.

It's an entirely different story if the changes occur before I-526 is approved, or while I-526 is pending.