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What happens if I cannot maintain my EB-5 business during COVID-19 while waiting for I-829 approval?

My I-829 was filed over a year ago with solid evidence of 10 full-time jobs created in my small business for the course of over three years after my I-526 approval. Due to the pandemic, I have been reducing staff and do not see how I can keep the business till the end of the year. How is it going to impact my pending I-829?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Technically the obligation to sustain the investment ends with the filing of the I-829.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    You should discuss this with your attorney. There are several things you should do now to plan for a potential I-829 renewal in immigration court.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Technically, you need to sustain your investment and create the jobs up until filing the I-829. However, if there are potential defects that arise during the adjudication of the I-829, you may have to prove additional job creation so you want to make sure that your job creation presentation in the I-829 is 100% compliant.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The sustainment period for your EB-5 case, i.e., the period in which you had to show you sustained your investment and created the required jobs, ended when your conditional green card expired (when you filed your I-829). Events that occur after I-829 filing should not be relevant to your eligibility for the removal of conditions.