Beginning on July 24, 2017, USCIS will require its applicants to use the new Form I-829.
Here's what you need to know about the new Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status.
Like Form I-526, this petition seeks to extract more information from the EB-5 investor. The major revisions to the new Form I-829 include:
More in depth questions about the investor and the new commercial enterprise:
The new Form I-829 has more biographical questions about the EB-5 investor. Regarding the new commercial enterprise, USCIS wants to know the project's North American Industry Classification Code (NAICS), the total number of EB-5 investors, and the total amount of capital invested in the project. USCIS also requires more details regarding job creation. They want to know the estimated number of direct and indirect jobs to be created as well as a timeline.
Unannounced site visit to EB-5 project locations:
USCIS will be making unannounced site visits to some direct investment EB-5 projects. USCIS is looking to verify the location of the project as well as the number of employees. Additionally, the USCIS representative will interview on-site staff and request documents about the project. It may be in the best interest of many regional centers to assume they will receive an unannounced visit, prepare their staff for questions, and have the documents printed and readily available. The Form I-829 stage of the EB-5 process is all about providing supporting documents and evidence to prove that the project is what it claims to be. USCIS will want to know that the investors have sustained their investment in the new commercial enterprise and that the project is using those funds and creating the jobs within the required time-frame.
Interviews with EB-5 applicants who invested in Regional Center projects:
USCIS might also be conducting interviews with some of the applicants who invested in Regional Center projects. The EB-5 applicant may have their regional center representative with them at the interview. These applicants will need their regional center representative to join them on the interview to answer more detailed questions about the project.
Information about the applicant's translator:
The new form requires information about the person who translated the application. USCIS now requires the translator to sign the form as well as provide contact information.
These changes are contributing to a slower processing time. The new processing times for Form I-829 may take up to 30 months in some cases. However, once the investor has filed their Form I-829, they may still be able to travel internationally for one year despite their conditional green cards being expired.
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