Substantial Compliance

It is also important to note that the eb5 Program allows an immigrant investor to become a lawful permanent resident, without conditions, if the immigrant investor has established a new commercial enterprise, substantially met the capital requirement, and can be expected to create within a reasonable time the required number of jobs. All of the goals of capital investment and job creation need not have been fully realized before the conditions on the immigrant investor’s status have been removed. The regulations require the submission of documentary evidence of “substantial” compliance with the capital requirements and evidence that the jobs will be created “within a reasonable time.” This is a reflection of the eb5 Program’s desire to attract investment and promote job creation, and also its recognition of the dynamics of capital investments in new commercial enterprises for the purpose of creating jobs.

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