What are the EB-5 job creation requirements in the case of redeployment?

This is very tricky. If you change the business, it could be material change and result in denial. Without reviewing the entire case file, it is very difficult to give accurate answers, but if your money was fully deployed and the jobs created, you may be able to salvage your green card.

The I-526 petition requires that the investor has created at least ten full-time jobs or submits a comprehensive business plan demonstrating that the investment will lead to the creation of such jobs within two years. A full-time job, for this purpose, requires at least 35 working hours per week. If you have already created these jobs at the time of the petition, it is not explicitly stated whether additional job creation is necessary after redeployment of funds. It's important to note that the investor must maintain their capital investment over a two-year period. If the redeployment of funds would impact the maintenance of the investment or the created jobs, it could potentially affect the investor's eligibility for full, non-conditional lawful permanent resident status. The investor also must be engaged in the management of the new commercial enterprise. If the redeployment of funds would impact this requirement, it could potentially affect the I-526 petition. Once the I-526 petition is approved, the investor is granted a conditional green card conferring permanent resident status on a conditional basis [8]. To have the conditions removed, the investor must show that his investment of capital was "sustained" during the period of conditional residence and that the investment "created or can be expected to create within a reasonable period of time ten full-time jobs for qualifying employees". In conclusion, while the creation of ten full-time jobs is a requirement for the I-526 petition, the guidelines do not explicitly state whether additional job creation is needed after the redeployment of funds. However, the maintenance of the investment, the sustained creation of jobs, and active engagement in the management of the enterprise are crucial factors that could potentially be affected by the redeployment of funds.

The best explanation should come from the one who gave you the solution. If the issue is the expiration of the loan, you can redeploy your fund to a new business; if the issue is business loss, depending on the situation of the business, the strategy could be different. Anyhow, you should ask them to elaborate the issue and explain their advice.

You should speak to your immigration attorney and RC representative concerning this question. If sufficient jobs were created already based on a credible economic study, then your redeployed funds do not have to create additional jobs.