Page:USCIS Remarks by Sarah Kendall, Chief, IPO.pdf/13

 :The USCIS Policy Manual provides guidance on the capital at risk requirement, including the sustainment of that requirement through the conditional permanent residence period.


 * A foreign national seeking EB-5 immigrant visa classification must have invested or be actively in the process of investing the required capital in a new commercial enterprise and create full-time employment for not fewer than 10 qualifying individuals. See INA 203(b)(5). The foreign national’s investment must be placed at risk. See 8 CFR 204.6(j)(2). The immigrant investor must sustain the investment, including the at-risk requirement, throughout the two years of the immigrant’s conditional residence. See INA 216A and USCIS Policy Manual, Volume 6, Part G, Chapter 5.A(2).


 * (7) With the current processing times for Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, will IPO consider extending the 18-month conditional lawful permanent resident status on the I-829 receipt notice?


 * At this time, USCIS is not considering extending the current 18-month conditional lawful permanent resident status extension upon receipt of a properly filed I-829.


 * (8) What steps should a petitioner take to add an eligible derivative to a Form I-829?


 * Petitioners should contact IPO’s Inquiry Management Team at [mailto:uscis.immigrantinvestorprogram@uscis.dhs.gov uscis.immigrantinvestorprogram@uscis.dhs.gov], placing, “Request to Add Derivative to Form I-829” in the subject line.

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