What are the conditions for I-829 approval?

The requirements for I-829 condition removal are (1) that the investor sustained his or her investment in the project and (2) that the project created the requisite number of jobs. If the project has not been completed (or is changed or downsized), there is a possibility that the requisite number of jobs cannot be allocated for all of the investors. It will depend upon the business plan and the economic impact report to see how the jobs were created and allocated. Each project is different, but the fact that the project was not completed is a big problem for almost any EB-5 situation.

This is a complex question and you should consult an experienced immigration attorney in order to determine whether a particular project will satisfy the requirements of the I-829 petition. Generally, a project must be completed in accordance with the business plan filed with the I-526. However, non-material changes and development delays will not necessarily be detrimental to the process. Many projects have a significant job cushion. Even if delayed or only partially completed, it may be that sufficient jobs were created in order to satisfy each investor's I-829 requirement. The petition may also be approved if it can be shown that although the required jobs have not yet been created, they will be created within a reasonable period. In some cases there may be sufficient jobs for some investors, but investors who are lower in order may lose out.

Relative to the approval of the I-829 and the investment itself, the under-listed conditions must be met: 1. Evidence that the entrepreneur invested the requisite amount of capital. 2. Evidence that the entrepreneur sustained the investment in that enterprise throughout the period of conditional permanent residence. 3. Evidence that the entrepreneur's investment created or can be expected to create, within a reasonable time, 10 full-time jobs for qualifying employees.

A good question. It really depends on what the delays were caused by, whether the jobs were created, the investment that has been made, etc. It is about the progression of the jobs, reason for delays, and whether the direct or indirect job requirements have been met. Before you file the I-829, please be sure to reach out to immigration counsel.

At the I-829 stage, the investor, with assistance from the project, must show the funds were spent in accordance with the business plan, and, based on the original economic model, jobs were created. If the project is not fully complete, there may be delays in approval.

For I-829 approval you need to prove the direct or indirect jobs were created, as explained in the business plan. You also have to show the investment was sustained.

Thank you for your inquiry. An incomplete project is a serious concern for an I-829.

It will depend on the operating documents. If the econometric study shows the requisite jobs being provided in an ongoing project, then the job creation attributed to you should fulfill your requirements. Check with the regional center and your copy of the documentation.