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Questions & Answers

What is the purpose of the new I-829 petition?

The USCIS website says that in August it will only accept a new edition of the EB-5 I-829 petition. What is the difference between the new Form I-829 and the old version? Does the new edition have different requirements for EB-5 investors?

Answers

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    Requirements for removal of conditions remain the same. USCIS does update certain forms from time to time and may add additional questions or attestations.

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    Ed Beshara

    Immigration Attorney
    Answered on

    The I-829 petition, whether new or old, will need to show the EB-5 investor's funds were sustained in the job creating entity and the required number of jobs were created.

  • Avatar

    Ian E Scott

    Immigration Attorney
    Answered on

    USCIS regularly updates forms and they only allow the old version of the form to be used up to a certain date. If you file using the old form, they will reject it. USCIS always has the most recent version of their forms on their website.

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    Robert Lee

    Immigration Attorney
    Answered on

    It just means they updated the form. The requirements are still the same.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    The requirements are the same; the attestations are more onerous and more information is collected by USCIS.

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    John J Downey

    Immigration Attorney
    Answered on

    To the best of my knowledge there are no significant changes. For some reason the bureaucracy simply wants to keep changing the forms with little or no significant differences.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The legal requirements for an I-829 and removal of the two-year condition have not changed. The petition/application forms used by USCIS are updated from time to time for efficiency and for information gathering purposes.

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