Three weeks ago, USCIS issued a "Policy Manual Update Notice," the primary content of which provides clear operational guidance on how EB-5 applicants can extend their conditional green cards during the I-829 processing period. The public comment period for this "Policy Manual Update" ended on May 15, 2018, and the updated operational guidance is now in effect.
Below is an analysis of the operational guidance clarified in the "Policy Manual" regarding how EB-5 applicants can extend their conditional green cards during the I-829 processing period:
1. When USCIS receives a properly filed I-829 application from an immigrant investor and their dependents, it will automatically extend the conditional permanent resident status of the applicant and their dependents for one year. The receipt notice and the green card can serve as proof of permanent resident status for the immigrant applicant for travel, employment, or other purposes requiring such proof.
2. Within 30 days prior to the expiration of the one-year automatic extension of permanent resident status, conditional green card holders whose I-829 applications have not yet been approved may bring their I-829 filing receipt to a local USCIS office to obtain documentation proving their permanent resident status for travel, employment, or other purposes. Once an immigration officer confirms the immigrant applicant's identity and provides the relevant documentation, USCIS will continue to extend the immigrant applicant's permanent resident status until their I-829 application is adjudicated.
3. Immigrant investors whose I-829 applications are denied may apply for a re-adjudication during the removal proceedings. In this case, USCIS will issue a temporary Form I-551 to the immigrant applicant, which remains valid until the removal order is considered a final administrative decision. If the applicant does not file an appeal or if the appeal is rejected by the Administrative Appeals Office (AAO), the removal order is generally considered final.
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