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NORTH HATLEY · EB-5 FIELD GUIDE

As a North Hatley applicant, does a revised model restart the conditional-residence anniversary?

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THE DIRECT ANSWER

The residence anniversary is not reset simply by producing a new employment model.

Track the actual immigration milestones

Maintain the I-829 window during the 90 days before the second conditional-residence anniversary and assess the required evidence. Filing a new report does not itself remove conditions or guarantee return of invested funds.

Anchor the calendar to immigration events, not report dates. Record when conditional permanent residence began, calculate the Form I-829 window from that anniversary, and preserve capital, enterprise, and job evidence throughout the two-year conditional period. A revised employment model neither restarts residence nor removes conditions. The case still requires ten full-time positions, lawful source and path for US$1,050,000 or the US$800,000 targeted-area or infrastructure amount, and investor participation in management or policy formulation. Regional-center cases use Form I-526E; standalone direct cases file Form I-526. A spouse and unmarried children below 21 may qualify as derivatives.

Hypothetical example: a North Hatley irrigation-equipment exporter entered conditional residence through a regional-center investment, and the project issues a revised job study fourteen months later. He should retain that report but calculate the I-829 window from admission as a conditional resident. Family residence cards and travel histories need individual review. Waiting for another forecast could cause a missed filing window, while submitting a new model alone would not prove that capital and employment conditions were satisfied.