Skip to content
APPLICATION ANSWERS · EB-5 FIELD GUIDE

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

Sources checked:

THE DIRECT ANSWER

No. Petition adjudication, visa availability, admissibility review, and the applicable visa or adjustment stage all affect when permanent residence may actually be obtained, independent of a project's own construction or operational milestones.

Keep project milestones and government decisions on separate tracks

List construction or business milestones beside the actual immigration steps without treating them as interchangeable, and check current official processing information and the Visa Bulletin directly. Later removal of conditions remains part of the process, so an initial conditional grant of residence should not be treated as the final evidentiary step.

Schedule three checkpoints across the conditional period: an early one to agree the evidence list, a midpoint one to test what has been collected, and one roughly six months before the window opens to prepare the filing. 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.