If the EB-5 visa holder sells his business while his I-829 petition is pending, what are his disclosure obligations? Does he have to notify USCIS, or does USCIS evaluate the petition as of the filing, so long as it was filed in good faith at the time?
Answers
Fredrick W Voigtmann
Find an EB-5 Visa Lawyer: Immigration AttorneyAn investor who sells his business with a pending I-829 is under no obligation to affirmatively disclose that fact to USCIS. It will be wise, however, to keep documentation available in case USCIS requests additional evidence in the course of its adjudication of the I-829.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyUSCIS will ordinarily evaluate eligibility as of the date of filing the I-829. The issue in selling is that the new buyer should be aware that there is a pending application because the I-829 beneficiary may need to secure documents from the new owner. If the new owner is not aware there may be an issue obtaining documents and/or cooperation.
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