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DUNNOTTAR · EB-5 FIELD GUIDE

Does project completion automatically grant permanent residence?

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THE DIRECT ANSWER

No. The immigration requirements and individual process must be satisfied independently of the business milestone.

Keep outcomes distinct

A completed project may provide relevant evidence but does not establish every applicant’s eligibility, admissibility or visa availability.

The lower threshold is available only where the enterprise is principally doing business in a targeted employment area — a rural area, or an area of high unemployment — or where the investment is in a qualifying infrastructure project. Targeted employment area designation is tied to specific unemployment statistics for the area in question, calculated and documented through an approved process, and an infrastructure project designation depends on the project meeting its own separate criteria. The investor must also join management or policy formulation, followed by conditional residence and a Form I-829 filing within the 90-day period immediately before the second anniversary of obtaining conditional permanent resident status. Approval leads to conditional permanent residence, and those conditions are removed only on a later petition showing that the capital remained at risk and the required jobs were created or, where permitted, will be created within the applicable period.