The last step for investors in the timeline is getting their I-829 petition approved. This involves a fair amount of work and organization, since the petition must show that all requirements of the EB-5 visa, including job creation and project’s progress towards completion, have been met. However, once these milestones are met, an EB-5 visa petitioner can finally be on their way to legal residency and, eventually, U.S. citizenship in the future.
Luckily, EB-5 regional centers help with putting together the necessary compliance documents for I-829 approval. In addition, working with an experienced EB-5 immigration lawyer is crucial to making sure that every step of the immigration process and each document is done in the right order to ensure maximum chance of I-829 approval.
Job Creation Requirements
One of the most crucial aspects of the I-829 approval process is proving that the required 10 full-time jobs per investor were created during the proper timeframe. The EB-5 regional center and investors, along with their EB-5 immigration attorneys should review the economic analysis first submitted to USCIS in the I-526 petition and compare that to how the project was completed. Were all of the project’s funds spent in the same economic input categories as originally contemplated? If there were significant differences between the original project plans (and associated economic analysis inputs), the involved parties should consider obtaining a revised or new economic impact analysis. This could have an impact on the number of jobs created by the project and jobs credited towards and EB-5 investor’s job creation requirement.
An EB-5 investor has a specific window of time in which to file his or her I-829 petition. This petition and all necessary evidence must be submitted between the day the two-year conditional permanent status in the U.S. expires and 90 days prior to that date. An EB-5 lawyer should be involved with preparing to file the I-829 petition some time before the 90-day window starts. The experienced EB-5 attorney knows how to evaluate economic analyses and other necessary documents prior to submission.
Whether you are nearing your I-829 application, or you still have some time before your conditional permanent residency ends, consider a call to David Hirson & Partners, LLP. We are an experienced EB-5 immigration law firm focused on the needs of investors in this and many other visa programs. Contact us today for help with your application process.