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APPLICATION ANSWERS · EB-5 FIELD GUIDE

Can a project’s advertised timeline determine when the family will move?

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THE DIRECT ANSWER

It should not be treated as a guaranteed immigration date. Petition review, visa availability, admissibility and the appropriate visa or adjustment stage affect when permanent residence may be obtained.

Separate project milestones from government decisions

List construction or business milestones beside the immigration steps without treating them as interchangeable. Check current official processing information and the Visa Bulletin as relevant. Have changes in the project and family circumstances reviewed. Later removal of conditions remains part of the plan, so initial conditional residence should not be described as the final evidentiary step.

Payroll for the qualifying positions, the enterprise’s continued operation, and proof that the capital stayed at risk rather than being returned early are all being generated during those months, and the petition to remove conditions is assembled from them. If the closing tranche after tax and distribution meets the threshold for a targeted-employment-area project, the petition can be filed as soon as the path-of-funds evidence is assembled, which often takes longer than investors expect because early corporate records must be found.