Q: At the last EB-5 stakeholders meeting in September, USCIS officials mentioned a new procedure for notifying the agency if an I-526 is approved and subsequently there is a change in the commercial enterprise’s business plan, such that an investor needs to invest in a new commercial enterprise in the same or different regional center.

1.What exactly is the procedure for notifying USCIS of such a change?

2.Is the procedure different if the change occurs:
 ·Before I-526 approval?
 ·After I-526 approval but before acquisition of conditional residence?
 ·After acquisition of conditional residence but before filing the I 829?
 ·After filing the I-829?

Does the procedure differ depending upon whether the 10 jobs have been created by the time the I-829 must be filed?

If an amended I-526 must be filed, does it extend the time for filing the I 829? Does it extend the time for job creation? If the amended I-526 is approved with a new business plan with revised job creation timeline, does this mean that USCIS will accept less than total job creation at the I-829 phase?

If the I-829 is filed, will adjudication be deferred pending action on the amended I-526?

If the I-829 is filed and no amended I-526 has been filed, but the necessary jobs have been created, will the I-829 be denied? If so, can the amended I-526 be accompanied by a new I-829?

Does an amended I-526 require a new filing fee?

A: Please see the newly published Adjudication Field Manual Update AD09-38, which addresses this issue.