Ask which immigration evidence, if any, the revised construction schedule affects. A developer’s completion estimate does not establish visa availability, a child’s protected age or a family member’s permission to relocate.
Obtain two different updates from the responsible people
In a hypothetical Rocky View County file, the developer postpones handover while a child approaches a birthday. Request the dated project explanation from the project representative and a separate immigration-stage assessment from the legal reviewer. Supply the petition receipt, any decision, relevant visa-availability information and every child’s birth date; the developer cannot determine CSPA eligibility from its building schedule.
Derivatives generally include the investor’s spouse and unmarried children under 21, with any CSPA protection depending on the actual case. Do not assume that a subscription payment or a construction delay itself preserves age. Establish whether each person would use immigrant-visa processing or an available adjustment route.
For immigrant travel, the principal must enter first or together with derivatives. Before changing a school place or lease, identify the specific official decision or travel document still outstanding. Retain the original and revised project notices so an adviser can assess a material change instead of relying on a forwarded promise that everything else stays the same.
- USCIS — EB-5 investor program
- USCIS — business and investment visa overview
- USCIS — Child Status Protection Act
- Department of State — Visa Bulletin
- USCIS — fee schedule
- U.S. Code — INA 203(b)(5), investment thresholds and adjustment
- USCIS EB-5 policy manual
- USCIS I-829
- 8 USC 1153 — permissible capital and jobs
- 8 CFR 204.6(e) — qualifying employees only