Material Change

The process of establishing a new business and creating jobs depends on a wide array of variables over which an investor or the creator of a new business may not have any control. The very best of business plans may be thrown off, for example, because of a sudden lack of supply in required merchandise or an unexpected hurricane that devastates an area in which the new business was to be built.

The effect of changed business plans on a regional center or an individual investor’s immigration status may differ depending on when the change is made relative to the various petitions the regional center or the individual investor have filed.

It is well established that in visa petition proceedings, a petitioner must establish eligibility at the time of filing and that a petition cannot be approved if, after filing, the petitioner becomes eligible under a new set of facts or circumstances.

Taken from USCIS Policy Memorandum regarding EB-5 Adjudications Policy on November 9, 2011.