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Since USCIS states that
the substitution of a regional
center in the event of
another regional center’s
termination also may
constitute a material change
that requires denial or
revocation of the I-526, the
affected investor would have
to file the new petition.
• Changes in the scope of the investment project,
such as an investor switching projects entirely,
are considered material. In this regard, filing
an investment in one regional center but later
changing to a different regional center or another
project within the same regional center will be a
material change.
• Changes to the investment project that do not
affect its overall eligibility are not considered
material. For example, if an investor files an
I-526 petition with the intention to establish
one type of restaurant but changes to another is
not a material change. as it is still the restaurant
business. However, if the investment becomes a
hotel business it is a material change, even if the
hotel may contain a restaurant.
regional center associated with a regional center
immigrant investor’s form I-526 petition constitutes
a material change to the petition,” according to the
Policy Manual published June 14, 2017. If the investor
changes the regional center with which his or her
immigrant petition is associated after filing the form
I-526 petition, the change constitutes a material
change to the petition. 1
This is the first time USCIS has stated in writing
that such a change in regional center sponsorship is
considered a “material change.”
US CIS h a s fol lo w e d t he fol lo w i ng p at te r n s i n
deciding which changes are considered material
versus non mater ia l for t he pur poses of v isa
petition adjudication:
• Changes to the structure of an investment or
somet hing t hat may affect t he actual
investment of funds are considered material.
For example, if t he investment agreement
provides the return of funds upon a certain
date, but later this agreement is changed to
eliminate the return upon an USCIS RFE, this
would be a material change.
• Cha nges t hat do not depa r t substa nt ia l ly
from the original project funding structure
documents, but merely clarify inconsistency
are not considered material.
Since USCIS states that the substitution of a regional center
in the event of another regional center’s termination also
may constitute a material change that requires denial or
revocation of the I-526, the affected investor would have to
file the new petition. Unlike the other EB categories based
on the I-140 petition, EB-5 does not have a way to preserve
the old priority date of the previously approved petition. So,