requisite ten full-time jobs for qualifying U. S. workers.
Upon approval of the form and following either visa issuance abroad or adjustment of status in the United States, the applicant is granted conditional permanent resident status for two years. During the 90 days before the conclusion of the conditional resident status period, the investor must file an I-829 petition to remove conditions.
WHAT ARE THE REQUIREMENTS FOR I-829 PETITION FILING?
The statutory and regulatory framework governing the adjudication of Form I-829 petitions sets forth clear and well-defined requirements that every EB-5 investor must meet to remove the conditions on permanent residence.
Under 8 C. F. R. § 216.6( a)( 4), the petition must be supported by
Federal courts have consistently held that they lack jurisdiction to review a denied I-829 petition, leaving review through an Executive Office of Immigration Review( EOIR) as the sole administrative option. However, that changed with the Feb. 28, 2025 memo
persuasive and verifiable evidence demonstrating that the investor either invested, or was actively in the process of investing, the full amount of required capital and that this investment was sustained throughout the entire period of the investor’ s conditional permanent residence in the United States. In addition, the regulation requires proof that the investment directly resulted in the creation of at least ten full-time jobs for qualifying U. S. workers, or that such job creation can be reasonably expected to occur within a reasonable time.
Consistent with the regulations, the USCIS Policy Manual, Volume 6, Part G, Chapter 5, underscores that the primary focus at the I-829 petition stage is on confirming two critical elements: 1) The capital investment was continually sustained during the conditional residence period.
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