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APPLICATION ANSWERS · EB-5 FIELD GUIDE

Can a project's advertised construction timeline be treated as the family's actual moving date?

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THE DIRECT ANSWER

No, it should not be treated as a guaranteed immigration date. Petition processing, visa availability, admissibility, and the applicable visa or adjustment stage all affect when permanent residence might actually be obtained, regardless of the project's own construction or financing schedule.

Keep project milestones and government decisions on separate tracks

List construction or business milestones alongside the immigration steps without treating the two as interchangeable. Check current official processing information and the Visa Bulletin as they apply. Have any change in the project or in the family's own circumstances reassessed as it happens, and remember that removal of conditions comes later — initial conditional residence is not the final evidentiary step in this process.

Place business milestones and immigration events on parallel calendars. For standalone investment, use Form I-526; Form I-526E applies when investing through a regional center. For an underlying petition filed before March 15, 2022, capital must remain at risk throughout the two-year conditional-residence period; for a petition filed on or after that date, current USCIS guidance generally measures the minimum two-year sustainment period from when the full qualifying investment was contributed, placed at risk in the new commercial enterprise, and made available to the job-creating entity as applicable. The capital may already be invested or the investor may be actively investing it. Ten qualifying full-time jobs need support. After admission or adjustment, residence is conditional for two years; Form I-829 belongs within the 90 days before the second anniversary. Never convert construction schedules or general agency estimates into promised adjudication dates. The common mistake is making an irreversible family move after only a development milestone.

Hypothetical example: a Windsor produce wholesaler plans a standalone refrigerated warehouse whose contractor predicts completion in phases. He separates capital transfers, hiring dates, the I-526 record, visa availability, and possible family entry on his calendar. A loading-bay delay prompts refreshed jobs analysis but does not establish an immigration delay or extension. The household keeps employment and housing decisions contingent until the relevant government stage is complete, then records the actual conditional-residence anniversary for I-829 planning.