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What are the chances of denial at the I-829 stage?

I see a lot about I-526 denials, but not a lot about issues with the I-829 petition. Once I get to the stage where I submit the I-829, what are the chances of my EB-5 application being denied? Does it ever happen? What is usually the cause?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    I-829 denials are possible if the funds were not spent in proper job-creating business activities and the project cannot prove job creation. If that happens, the investor cannot obtain full lawful permanent residency and their conditional permanent residency ends.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    At the I-829 stage, you have to demonstrate that you have sustained your EB-5 investment and created at least 10 full time jobs either directly or through a USCIS approved regional center project where indirect/induced jobs are counted.

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    Marisa Casablanca

    Immigration Attorney
    Answered on

    Actually, it is easier to get an I-526 approval than an I-829 approval. Remember that you are getting the I-526 with a promise that your money is going to create the 10 jobs. If you get the I-526 approved and the 10 jobs are not created, the I-829 will not be approved.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The standards for I-829 approval are (1) that the investor sustained his or her investment in the new commercial enterprise and (2) that the new commercial enterprise created the required number of full-time jobs. The job creation can be direct or indirect/induced (if the EB-5 project was in a designated EB-5 regional center). The I-829 approval rates historically are higher than I-526 approval rates, but I-829s are denied usually when the new commercial enterprise goes out of business or has not created at least 10 full-time jobs for qualifying U.S. workers.

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    Kyle Barella

    Immigration Attorney
    Answered on

    It certainly can and does happen. For this reason, it is important to select a reputable EB-5 project. Reasons for a denial at the I-829 stage could happen if the requisite number of jobs were not created, the required investment was not made, and/or the investment was not at risk, among others.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Meeting the requirements for a successful I-829 filing is not onerous. It is regularly done with ease, but at the same time there are a number of occasions when I-829s are denied as well. Advisably, work with your EB-5 attorney, or perhaps your regional center, to ensure a proper filing is done.

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    Charles Foster

    Immigration Attorney
    Answered on

    The chances of denial at the removal of conditions stage when the conditional permanent resident files a petition on Form I-829 are low. Most I-829 petitions are approved. Of course, it depends upon the particular investment and whether or not the funds were fully invested and the jobs created; all as set forth in the original I-526 petition. It happens infrequently, but when there is a failure on the part of the investor or the project to fully invest the funds and to create the jobs, as specified in the I-526 petition, there could be a denial.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The denial rate of I-829s has been low, but recently increased. See this: https://www.uscis.gov/sites/default/files/USCIS/Resources/Reports%20and%20Studies/Immigration%20Forms%20Data/Employment-based/I829_performancedata_fy2016_qtr3.pdf The main reason is failure to create jobs, but other reasons include the failure of the business, or having taken the money too early.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    No attorney could credibly give you a "chance." It is important that your forms are properly completed and there is sufficient evidence and a detailed discussion on eligibility.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    Every I-829 is unique and must be considered individually. However, USCIS reports, I believe, a 90+ percent approval of I-829s.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Two issues at this stage - has the investment been spent on the enterprise and have 10 or more jobs been created? If those issues are satisfied, then it should be approved. Denial could be because the project has not advanced as planned and jobs are not created.

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