Identify the changed assumptions
Obtain the revised schedule, financing and job analysis and compare them with the original plan. Ask which milestones have occurred and which remain projected. A general statement that the project is progressing may not explain the effect of a significant delay.
Use the applicable job framework
At least ten qualifying permanent full-time jobs per investor are required under the applicable standalone or regional-centre framework. Direct full-time employment generally means at least 35 hours weekly; contractors, nonimmigrants, the investor, spouse and sons or daughters are excluded. Assess the actual method and allocation after the delay rather than treating any activity or revised revenue forecast as qualifying jobs.
Review capital and commercial terms
As of September 2026, the capital thresholds are US$1,050,000 ordinarily or US$800,000 for a qualifying targeted employment area or infrastructure case, with statutory adjustments beginning January 1, 2027 under filing-date rules. Funds must be lawfully sourced and committed at risk; gifts and loans must be genuine and not circumvent the capital rules. Contractual repayment rights and guaranteed rates of return are excluded. An enterprise-only discretionary buyback has a statutory exception, but exercise requires petition withdrawal unless applicable sustainment and other requirements have been fulfilled. A project delay creates no government repayment guarantee.
Assess the immigration stage
Assess the actual case stage and changed evidence. Conditional residence begins at immigrant admission or adjustment approval, not payment or petition filing. I-829 ordinarily is filed in the 90 days before the second anniversary; filing alone does not remove conditions or trigger repayment. Eligible accompanying derivatives need no additional principal investment merely to join, while their eligibility, any CSPA protection and visa availability require individual analysis. A project schedule cannot replace those immigration events.
Preserve investor rights when the project changes
Review the amended documents for the investor’s required management or policy-formulation participation, including qualifying limited-partner rights where applicable. A construction delay does not eliminate this condition. Capital amounts are subject to the statutory adjustment beginning January 1, 2027; assess the rule for the actual filing rather than merely retaining an old brochure’s figure.
Sources reviewed 2026-09-08. This guide covers a preparation focus; it is not an individual eligibility assessment.