Unfortunately, our EB-5 I-829 petition was recently denied, and we’re planning to file a motion to reconsider/reopen (I-290B) in about two weeks. Our current I-551 stamps, which we obtained before the denial, are valid until June 2025. We have not yet received any notice regarding an NTA. However, we’ve been uncertain about our status and work authorization. To stay proactive, we’ve already informed our employers to pause our employment, but we are concerned about the potential of losing our jobs.
We’ve received conflicting advice from several attorneys. Some say it’s safe to continue working, some suggest we should not, and some recommend contacting USCIS to obtain another I-551 stamp. However, I’m worried that if we take an unnecessary step and contact USCIS to request the stamp, it could trigger the NTA process (if it’s not already in their system) and limit our time in preparing a backup plan. So, we’re not certain what’s best to do.
Answers
Lynne Feldman
Find the Best EB5 Visa LawyersIf appeal, on file they should give you another ADIT stamp as evidence of your status.
Yuliya Veremiyenko-Campos
Find the Best EB5 Visa LawyersYou remain a conditional permanent resident (even with denied I-829) until an immigration judge makes a final determination on your case in removal proceedings.
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