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Will I-829 removal of conditions be impacted because of covid-19?

Covid-19 negatively affects the economy. It seems to be reducing the number of jobs too. If, hypothetically, 10 jobs the investor supposed to create were lost because of this, would that cause a denial in the I-829 removal of conditions stage? Are there any regulations about unexpected events like this?

Answers

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    Dale Schwartz

    Immigration Attorney
    Answered on

    No one knows yet. Hopefully there will be some relief, but it may take Congress to act.

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    Stephen Berman

    Immigration Attorney
    Answered on

    As of now, there are no special provisions to make an exception to the job creation requirements, due to COVID-19.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    USCIS policy is concerned with 10 positions created, not necessarily the living, breathing human occupying that position. I would be curious more about the progress of the projects themselves. Some projects are complete before or soon after the offering is made to EB-5 investors, so the investment is paying back a bridge loan. Others that are mid-construction may face delays, which can probably be argued successfully because, you know, global pandemic and all.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Under the current regulations, the ten full-time positions must be created within the two-year conditional period or within a reasonable period of time thereafter. Under the current economic conditions, it would make sense for immigration lawyers to argue, and for USCIS to accept, that businesses should have additional time, perhaps an additional year, to create the required number of full-time jobs.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The jobs have to be created within a reasonable time we expect USCIS will show some flexibility on account of these extraordinary circumstances beyond the control of the investor.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    All I-829s are evaluated on a case by case basis and thus the answer to your question is it depends. If the jobs were lost due to the pandemic, that should be addressed. If you can show that the requisite jobs were created and were permanent at the time of creation, the I-829 would most likely be fine.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    No regulations yet other than general language about them being flexible on filing dates.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Although, COVID-19 effects are widespread, but optimistically, the general belief is that businesses will likely be able to substantially recover through various programs. Also, even assuming the worst scenario, if a business loses part of the jobs created as a result of coronavirus, all efforts must be made to argue for an exception.