What are the Reasons Why the I-829 Petition May Fail?

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a) If the project does not create the jobs required

If an investor cannot demonstrate that the project has created ten qualifying jobs, then the I-829 can be denied.

b) Failure to travel to U.S. (maintaining residency) by investor.

Once the conditional green card is obtained, the principal applicant must fulfill basic continued presence conditions. Investors should consult with immigration counsel how best to meet these requirements.

Requirement of Maintaining Green Card During the Conditional Green Card Period:

For simply maintaining residency status and your green card active, an investor must spend no more than 180 CONSECUTIVE days OUTSIDE of the U.S. EB-5 visa holders should consult with their immigration attorney about continued presence requirements. The conditional Green Card does permit a holder to travel freely in and out of the United States.

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