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[Q] Can a failure to create requisite jobs within 2 years of CPR period plus reasonable period thereafter be "material change"?


[Q] Sometimes, EB-5 projects may encounter delays to projects caused by various factors that make it tough to create jobs within 2 years of CPR period. Will this be deemed a "material change" under the December 11, 2009 Neufeld guidance memo and therefore require a new, 2nd I-526 filing?

Yes, if one chooses to accept the argument that "material change" after I-526 approval must require a new, 2nd I-526 petition filing. However, USCIS has not explained why is some change "material" in respect to what I-829 requirement and why? The memo appears to not set forth a clear standard for determining what changes are indeed "material" -- to what? Or why a simple amendment to the already-approved I-526 cannot be a solution.

USCIS should not say some change to the project after I-526 approval is material without first explaining how and why such change is material to what specific requirement of I-829.