Shortly after the EB-5 investor files his/her I-829, USCIS will issue a receipt notice that allows the investor and any dependents to re-enter the United States. The status extension lasts for one year and may need to be renewed if the extension expires before the investor’s I-829 Petition is adjudicated….

Because withdrawing an I-829 Petition will result in loss of conditional permanent resident status, an investor should consult experienced immigration counsel before making this decision. Generally speaking, the investor should wait for the other immigrant petition to be approved, at which point he/she can withdraw the initial I-829 Petition and file an I-485 application to adjust status….

UUSCIS announced the implementation of I-829 interviews in April 2016, and it is as yet unclear what these interviews will entail . An investor should prepare for this interview by reviewing the status of his/her investment, particularly the use of the invested funds and the project’s current employment creation….

In direct investment projects with more than one EB-5 investor, each investor is responsible for the creation of 10 permanent, full-time job positions. In other words, each investor must be able to demonstrate the connection between his/her investment and the jobs that were created. If an investor exits the project and withdraws his/her principal investment after receiving I-829 approval, the effect on the business’s job creation could be substantial. This highlights the importance of a carefully constructed exit strategy that protects all investors. An experienced EB-5 immigration attorney would likely be needed to advise the remaining investors on how to…

When USCIS examines an investor’s I-829 Petition, the primary concern is program compliance. Generally speaking, the investor must prove that a new commercial enterprise (NCE) was created, that the minimum required investment was made and sustained throughout the conditional residence period, and that the investment resulted in the creation of at least 10 full-time, permanent jobs. The level of scrutiny is high, and so these facts must be clearly demonstrated. Adherence to the original business plan is also important, but some minor changes may be permissible depending on the nature of those changes….

For a project sponsored by a regional center, the project documentation should include a job allocation schedule. Typically, jobs are allocated on a first-in, first-out basis. If a project does not create the required number of jobs by the I-829 stage, an investor and his/her family members may still be able to obtain unconditional permanent resident status if it can be demonstrated that the project will produce the necessary jobs within 12 months….

Abandoning an I-829 Petition will result in an inability to renew the conditional Green Card. Without the pending EB-5 case, the principal applicant and any derivatives will have no basis for renewing their conditional Green Card or for removing conditions, and therefore will have to either obtain a different status or leave the U.S….

The filing fee for Form I-829 is currently $3,750, and the biometric services fee is $85 per applicant. Any associated legal costs will vary based on the attorney(s) hired by the EB-5 applicant….

The age requirement for derivative children is that they be under age 21 at the time the I-526 Petition is filed. A derivative child may still age out if a visa is not immediately available after I-526 approval (which currently only affects Mainland-born Chinese nationals). Once a derivative child receives a conditional Green Card, however, age is no longer a factor—the conditions on his/her Green Card will be removed when the I-829 Petition is approved….

An EB-5 investor may request a copy of his/her I-829 Petition receipt notice from USCIS directly or have his/her attorney make the request….