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INNISFAIL · EB-5 FIELD GUIDE

Does a revised project forecast by itself establish an EB-5 failure or approval?

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THE DIRECT ANSWER

No. Identify the changed facts and their effect on the applicable requirements. A forecast is neither the government’s decision nor a substitute for the actual evidence.

Separate the prediction from the governing condition

Ask what changed in capital, qualifying jobs or participation. Avoid treating every commercial revision as legally identical. The individual case must be assessed on its actual terms and relevant stage.

The reduced amount is not a discount that can be claimed by describing a location as rural; it depends on the project actually falling within a targeted employment area or qualifying infrastructure category as those are currently defined. Job creation is counted for qualifying U.S. workers and the ten is a floor rather than a target, calculated either directly or, in a regional-centre case, through an accepted economic methodology that the project must be willing to explain. Ask counsel to review the change before any pending capital call, further instalment, or escrow release moves, because money already deployed into a revised structure is harder to argue about than money still held.