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February 26 2018

New I-829 Dependent Procedures

    New I-829 Dependent Procedures

Twenty-one to twenty-four months after an EB-5 immigrant immigrates to the U.S., they must file an I-829 application to remove conditional resident status. This involves proving the investment has been maintained and 10 jobs have been created.

When the I-829 is filed, the applicant receives a receipt notice. After the conditional green card expires, the receipt notice can be used for international travel with the expired conditional green card and passport.

It appears the USCIS no longer issues receipt notices to the applicant’s dependent spouse and children.

However, USCIS issues the applicant and dependents’ biometrics notices. When they appear at the USCIS Application Support Center for biometrics (i.e. fingerprints and photo), a sticker is attached to the back of their conditional green cards. This extends the card for one year. Further extension is permitted if necessary.

China EB-5 Backlog

The China EB-5 quota on the March 2018 Visa Bulletin has a cutoff date of July 2014. It had advanced, but retrogressed to July 2014, where it has remained for a few months.