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OSLER · EB-5 FIELD GUIDE

Does the I-829 filing date control the project’s exit date?

Sources checked:

THE DIRECT ANSWER

The immigration filing window and private investment terms are distinct. One does not automatically set the other.

Use both actual records

A project timetable should not be treated as the conditional-residence anniversary, or vice versa.

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. The petition must show that the required capital has been contributed or is actively being contributed, which for a regional-center project usually means the funds sit in the project's escrow under terms that release them to the enterprise on filing or approval. The immigration timeline runs: source-of-funds file complete, subscription and wire, petition filed, petition adjudicated, visa availability checked against the Visa Bulletin, immigrant visa interview, admission as conditional residents, two years, removal-of-conditions filing and decision. Construction milestones affect job creation and the project's own performance, but petition adjudication, visa availability and the appropriate visa or adjustment stage independently determine the immigration timeline. Records supporting job creation have to exist as events occur rather than being assembled at the end, so the reporting arrangement and the investor's entitlement to receive information should be settled at subscription rather than requested when a filing window approaches.