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RURAL MUNICIPALITY OF HEADINGLEY · EB-5 FIELD GUIDE

Can one operating company’s milestone establish when residence is granted?

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THE DIRECT ANSWER

No. Project progress and government decisions are different events.

Keep the individual process visible

The initial investor petition is not residence, and later conditional-residence requirements remain. A commercial milestone does not guarantee approval or a move date.

The positions must be created within a reasonable time and be shown to exist and be maintained when the conditions are examined, with Form I-829 generally filed in the ninety days before the second anniversary of obtaining conditional residence. Processing times vary by petition type, project and country of chargeability and change over time, so the current published information should be checked rather than an estimate relied upon. Avoid setting family travel or work dates on the assumption that a closing or an approved immigrant petition itself grants permanent residence. The evidence obligations run on their own schedule and do not accelerate with capital: records supporting job creation must exist contemporaneously, and the petition to remove conditions is ordinarily filed in a defined window years after residence begins.