The I-829 Petition by Entrepreneur to Remove Conditions is the last petition that is filed by EB-5 visa applicants with the USCIS. The I-829 must contain evidence that the immigrant investor has met all requirements of the EB-5 immigrant investor program per the business plan and economic report (if a regional center petition) included in their initial I-526 filing. This form removes any previous conditions on the applicant’s US. residency so that EB-5 investors, their spouse and unmarried dependents less than 21 years of age become lawful permanent residents of America once it is approved. The principle applicant files this form in order to get the status of his permanent residency changed from ‘conditional’ to ‘lawful’. This is done to remove the conditions attached to his Green Card. The two main EB-5 immigrant investor requirements that must be fulfilled prior to filing an I-829 Petition include proving that the investor sustained his at-risk investment for the full two-year conditional period and that he was credited with the creation of 10 full-time jobs for qualified US workers.

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EB-5 Program Update:

The EB-5 Program has lapsed. The US Congress is discussing the legislation that authorizes the program while USCIS reviews the regulations and policies for filing. Because of the recent court ruling that reversed the 2019 Modernization regulations, the investment level has shifted temporarily from $900,000 back to $500,000.

If the program is reauthorized before the regulations are updated, there may be another window of opportunity to file at $500,000.

LCR expects the program to be reauthorized in December, and continues to work with international families that want to explore alternative residency options.

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