What are his obligations, if there is any, to inform USCIS? Does he need to file an amended petition? Is it something that will be discussed in an interview? Could it negatively affect the processing result?
Answers
Salvatore Picataggio
Find an EB-5 Visa Lawyer: Immigration AttorneyI-829 petitions typically do not get interviews, but I would imagine if you were called in and you had sold the business while the I-829 is pending it may be tough. Technically, the obligation to sustain the investment ends with the filing of the I-829.
Fredrick W Voigtmann
Find an EB-5 Visa Lawyer: Immigration AttorneyIf you have filed the I-829 petition, it means that you are no longer in the conditional period for the sustainment of your investment. Therefore, what happens after the I-829 should not affect your eligibility and you do not need to file an amendment. This assumes your I-829 was properly filed and met all the requirements at the time of filing.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyGenerally, one should be able to sell the business after the filing of the I-829. However, if there are deficiencies in job creation, you may have a problem correcting and adding employees or getting records also be very careful that you retain the right in the sales contract.
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyThere is no need to update USCIS, but you have to plan this carefully and make sure you retain all I-829 relevant documents. This could come up during a site visit, at adjudication or at interview should one be scheduled. Talk to your lawyer as soon as possible.
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