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What is the I-829 stage interview?

What is the I-829 stage interview that USCIS announced it is going to conduct? Will every single EB-5 investor now have to go through this interview process?

Answers

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    Yazen Abdin

    Immigration Attorney
    Answered on

    As it currently stands, not all applicants go through an interview. USCIS should be giving more information on this soon. In the meantime, consult your immigration attorney if you have specific questions regarding this issue.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Typically, USCIS does not conduct an interview for the I-829. However, if it now chooses to start conducting one, the issues are likely to revolve around whether the goals and requirements of an EB-5 application have been met.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    USCIS has seemed to indicate that only some I-829 applicants will have interviews, and may also have representatives from the regional center present in person or telephonically. It appears that USCIS is looking to confirm that the investor has continued to receive updates on the project's progression and use of their funds. Nothing has been confirmed yet on this process.

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    Barbara Suri

    Immigration Attorney
    Answered on

    The I-829 stage is where the investor applies to remove the two year condition from the permanent resident card. ALL investors MUST go through this process. During this stage, the business and the investor are reviewed to confirm that both remain compliant with the EB-5 program.

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    John J Downey

    Immigration Attorney
    Answered on

    As usual, it is unclear as to how this will be implemented. My guess is that they will try random interviews rather than have everyone interviewed.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Generally, the interviews were not required at I-829. However, in the Stakeholder's meeting on April 25, 2016, USCIS announced that it will begin conducting interviews of the investors for I-829 adjudication. Pursuant to 8 C.F.R. - 216.6(b), USCIS has the right to interview an EB-5 investor filing an I-829 petition. This is not a new rule or just suggestion of possible change in policy, but it is a real implementation of the authority that USCIS has chosen not to exercise until now. Thus, in preparation for these interviews, investors will need to be informed about the status of their EB-5 investments, the use of their money and the updated status of job creation.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It is not yet clear what the scope of the interview will involve. Presently only a small percentage of employment cases are scheduled for interview. My guess is this will be done sporadically and cases will be selected by the IPO office to ensure general compliance. The denial rates for I-829s have been remarkably low at only about one percent.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    This part of the process comes two years after you are granted conditional lawful permanent residence. It is to remove the conditions on your status and leads to permanent residence status, without conditions. Everyone must go through this process.

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