Material Change on EB-5 cases

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, an unexpected hurricane that devastates an area in which the new business was to be built, or a change in the market that the business is intended to serve.

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 alien investor’s status in the United States.

Taken directly from USCIS’ EB-5 Adjudications Policy Memorandum posted on February 14, 2013.