USCIS recently announced the release of a new edition of Form I-829, with the new edition dated April 21, 2017. Starting on July 24, 2017, USCIS will only accept the April 21, 2017, edition.  Until then, investors can use the May 7, 2015 edition. Both editions of Form I-829 are available to download at no cost on the USCIS website. The revised Form I-829 more closely resembles the requests and structure of the revised Form I-526. For instance, the Form I-829 now requests the receipt number of the approved Form I-924 associated with the Form I-829. Additionally, the revised Form I-829 has space for listing multiple job-creating entities, similar to the revised Form I-526. The revisions to the Form I-829 appear consistent with USCIS’ desire to extract more information via forms for EB-5 petitioners.

The Form I-829 is important because it is the last step in the journey of an EB-5 investor. The Form I-829 should be accompanied by evidence that (i) the investor has invested, or was actively in the process of investing, the required amount of capital, (2) the investor sustained this investment throughout the period of conditional permanent resident, and (3) the new commercial enterprise created or can be expected to create, within a reasonable time, at least 10 full-time positions for qualifying employees. Upon approval of the Form I-829, investors receive unconditional permanent residency.

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Photo of Dillon Colucci Dillon Colucci

Dillon R. Colucci practices and handles U.S. immigration concerns and helps individuals, families, professionals, skilled workers, investors, and businesses live, work, invest, and do business in the United States. Dillon handles a wide range of immigration matters, including nonimmigrant and immigrant employment-based cases.…

Dillon R. Colucci practices and handles U.S. immigration concerns and helps individuals, families, professionals, skilled workers, investors, and businesses live, work, invest, and do business in the United States. Dillon handles a wide range of immigration matters, including nonimmigrant and immigrant employment-based cases.

Dillon provides business immigration counsel to clients, including HR managers, high-level executives, and employees to pursue a positive immigration outcome for all stakeholders involved. Dillon has focused on administrative appeals work, successfully representing several clients in their appeals of adverse decisions. He also spends time on I-9 employment verification matters as well as H-1B and LCA compliance, including internal and external audits and reviews to minimize employer liability.

Additionally, Dillon focuses on EB-5 immigrant investor matters, regularly working with developers across a variety of industries, as well as private equity funds on developing new projects that qualify for EB-5 investments. This includes the creation of new Regional Centers, having projects adopted by existing Regional Centers or through pooled individual EB-5 petitions. Dillon also counsels foreign nationals on obtaining permanent residency through individual or Regional Center EB-5 investments.