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What do I need to prove at the I-829 stage?

I understand that I need to prove I have created at least 10 direct or indirect jobs. What else do I need to prove besides the job creation requirement? I hear that I need to prove that the economic report went the same way as was stated at the I-526 stage, and that financial goals and milestones have been met too. Is that true? What will satisfy this requirement? What if the jobs are created, but the financial goals and milestones are not met?

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    Steffanie J Lewis

    Immigration Attorney
    Answered on

    The federal regulations require that to remove the condition on your permanent resident status, the following documents must accompany your application. 1. To establish that the commercial enterprise, which was the basis of your petition for U.S. conditional permanent residence, was actually established, you can provide evidence such as the federal income tax returns. 216.6(a)(4) Documentation. The petition for removal of conditions must be accompanied by the following evidence: 2. To establish that you invested or were actively in the process of investing the requisite capital of $1,000,000 or $500,000 you may include, but are not limited to, an audited financial statement or other probative evidence. 3. To establish that you have sustained the establishment of the enterprise and your investments throughout the period of your residence in the United States, you may include, but are not limited to, bank statements, invoices, receipts, contracts, business licenses, federal or state income tax returns, and federal or state quarterly tax statements. 4. To establish that you have created ten full-time jobs, as you mentioned in your question, you may include such evidence as payroll records, relevant tax documents, and Forms I-9. By your question, I assume you are not an EB-5 investor in a troubled business. Therefore, I did not go into detail of such. Additional evidence of financial goals or milestones would become relevant if there were any allegations of fraud, inability to sustain the full-time jobs or if additional time were required to satisfy the 10-job requirement. If you have invested in a regional center enterprise, many of the above documents will come from the regional center. Should you have any further questions or if your application to remove condition is denied, contact an attorney as soon as possible.

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    Oliver Huiyue Qiu

    Immigration Attorney
    Answered on

    I think what you referred to as the "economic report" is actually a business plan. The business plan that was filed with the I-526 has to be followed through, particularly the capital investment. Here is the official USCIS interpretation on the topic: "The structure of the EB-5 program is inflexible in that the capital investment project identified in the business plan in the approved Form I-526 petition must serve as the basis for determining at the Form I-829 petition stage whether the requisite capital investment has been sustained throughout the alien''s two year period of conditional residency and that at least ten jobs have been or will be created within a reasonable period of time as a result of the alien''s capital investment." The business plan in the Form I-526 petition may not be materially changed after the petition has been filed.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    The elements that you need to prove at I-829 are: (1)Evidence that the immigrant investor sustained the investment throughout the period of the conditional residence. The evidence may include, but is not limited to, an audited financial statement or other probative evidence such as bank statements, invoices, receipts, contracts, business licenses, federal or state income tax returns, and federal or state quarterly tax statements; and, (2) Evidence that the commercial enterprise created ten full-time jobs. At least ten jobs must be preserved or created per immigrant investor. The evidence may include, but is not limited to, payroll records, relevant tax documents, and Forms I-9. See 8 C.F.R. 216.6(a)(4)(ii-iv). If the investment is through a regional center where the indirect jobs creation was based on an economic model at the I-526 stage, then the same economic model must be shown at I-829. If the economic model is changed, then you run a risk of not getting the deference of previous approval as USCIS may deem there was a material change since I-526 approval.

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    John J Downey

    Immigration Attorney
    Answered on

    If the jobs have been created and you verify them, that will satisfy one criteria. The next is that the business is still in existence, and the third is to prove you invested the proper amount. Other goals are not required by statute.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You will need to show that the money has been invested into the commercial enterprise. If there is serious deviation from business plan, then there may be additional issues.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You are on the right track. There cannot be "material change" from the business plan and economic report submitted at the I-526 stage.

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