The U.S. Investment Immigration I-829 application is the final critical step in obtaining a permanent green card through U.S. investment immigration. Many investors have questions about the optimal timing for the U.S. investment immigration I-829 application. U.S. immigration experts at Worldway Group point out that starting preparations for the I-829 application from the moment the EB-5 project launches may be the best strategy for U.S. investment immigration.
EB-5 projects are, first and foremost, immigration programs. The primary goal of investors is to obtain U.S. permanent resident status, with the ultimate objective of securing an unconditional green card. To achieve this, one must obtain approval for the I-829 (the petition by an investor to remove conditions).
I-829 approval requirements include:
· Timely filing of the I-829 application. USCIS requires applicants to file the I-829 application within the ninety days immediately preceding the second anniversary of their admission as a conditional resident. Note that the conditional residency period begins on the date of entry, not the date of I-526 approval.
· Evidence showing that the new commercial enterprise described in the I-526 application has been established.
· Evidence showing that the required capital has been fully invested (e.g., projects in a Targeted Employment Area require an investment of $500,000).
· Evidence showing that the investment was sustained at risk throughout the two-year period of conditional residency and was used for the purpose of job creation.
· Evidence showing that the investment has created (or will create within a reasonable period) ten full-time jobs.
For EB-5 project developers and investors, it is crucial to have these preparations in order. Only when investors successfully achieve their initial goal—that is, obtaining I-829 approval—can the project developer and the entire EB-5 project be considered a success. The risks are particularly significant from the investor's perspective.
Because by the time the I-829 application is filed, the investor and their family have already settled in the United States. If something goes wrong, the investor may not even have the right to appeal—instead, they would be placed directly into removal proceedings. Therefore, successfully obtaining I-829 approval is a key objective for all EB-5 stakeholders.
To ensure the highest probability of I-829 approval, one should begin preparing the I-829 application at the time the EB-5 project is launched. Especially with the sharp increase in the number of I-526 applications in recent years, it is foreseeable that the number of I-829 applications to be filed in the coming years will also surge. Using overly casual solutions to address the peak period of I-829 applications will ultimately have a negative impact on the industry and cause devastating consequences for investors.
Therefore, to a certain extent, starting to prepare the I-829 application from the project launch may be the best choice for success in U.S. investment immigration.
