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After years of delay the Obama-era EB-5 immigration regulations were published on July 24, 2019. You can find a copy of the regulations at this link. You can also…
Continue Reading New EB-5 Regulations: Winners and Losers

The U.S. federal government shut down at the end of the day on Dec. 21, 2018, and the president did not sign into law the extension of the EB-5 program…
Continue Reading EB-5 Processing During the Government Shutdown

This is the fifth post in a series that discusses how EB-5 investors and their dependents can maintain eligibility for permanent residence and I-829 Petition approval. This blog focuses on…
Continue Reading Maintaining Eligibility for Permanent Residence for EB-5 Investors: Accepting Public Benefits

On June 11, 2018, USCIS announced that Petitioners who file Form I-829 Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, will receive a Form I-797 receipt notice that can be presented with their Form I-551, Permanent Resident Card, as evidence of continued status for 18 months past the expiration date on their conditional Permanent Resident Card. Previously, USCIS only issued receipt notices that would be valid for 12 months past the expiration date on the conditional Permanent Resident Card. USCIS made the change from 12 to 18 months to reflect the current processing times for Form I-829, which have increased over the past year.
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Continue Reading I-829 Petition Receipt Notices Valid for 18 Months as Proof of Status

On May 2, 2018, the United States Citizenship and Immigration Services (USCIS) issued a Policy Alert regarding an update made to the USCIS Policy Manual related to the documentation for conditional permanent resident (CPR) status provided by USCIS to immigrant investors with pending I-829 petitions.  Every EB-5 investor with CPR status must file an I-829 petition to remove conditions by filing a Form I-829 petition within 90 days of the expiration of the two-year CPR status. USCIS then issues receipt notices to each EB-5 investor and dependent family member upon receiving the properly filed I-829 petition. The I-829 receipt notices evidence continuing CPR status (including travel and employment authorization) for an additional year after the expiration of the CPR card until the I-829 petition is adjudication or an order or removal becomes final. The Policy Alert explains that the original guidance which was previously found in Chapter 25.2 of the Adjudicator’s Field Manual (AFM) and not yet published in the USCIS Policy Manual, is now reaffirmed in Volume 6, Part G of the Policy Manual.
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Continue Reading USCIS Policy Alert on EB-5 Investors with Pending I-829 Petitions

Due to a recent system conversion at the United States Citizenship and Immigration Services (USCIS), all I-829 receipt notices and ASC Appointment notices are now delayed 90 days or more.  This may be dismaying for many EB-5 investors and their dependent family members who may have waited a long time to reach this final step in the EB-5 process. Since the I-829 petition can only be filed 90 days prior to the expiration of the EB-5 investor’s conditional permanent resident (CPR) status, the 90+ day delay in the issuance of receipt notices on the part of USCIS is at the top of the list of problems plaguing the I-829 process right now. It appears to be especially problematic for those I-829 petitioners and dependents who are located outside of the United States at the time the I-829 petition is filed.
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Continue Reading EB-5 Alert – Recent System Conversion at USCIS Results in 90+ Day Delay for I-829 Receipt Notices and ASC Appointment Notices

On March 3, 2017, the USCIS Immigrant Investor Program Office (IPO) held an EB-5 Stakeholder Engagement in which several important updates to the program were provided.

“Unofficial” Statistics for Fiscal …
Continue Reading Recap of the March 3, 2017 EB-5 Immigrant Investor Program Stakeholder Engagement