How an Eb-5 Law Firm Reviews I-829 Investment and Job Evidence

Investors whose underlying I-526 petitions were filed before March 15, 2022, generally must show that qualifying capital remained at risk throughout their two years of conditional permanent residence. Review dated account statements and repayment notices. If the project repaid funds early, determine whether capital remained properly deployed. The broader EB-5 immigration framework addresses initial eligibility.

For petitions filed on or after March 15, 2022, the statute requires qualifying capital to be expected to remain invested for at least two years. USCIS interprets the period as starting when the full qualifying investment is contributed to the NCE and placed at risk, including availability to the job-creating entity where applicable. These investors generally do not have to sustain capital throughout conditional residence. Job creation remains a separate requirement.

Compare subscription agreements, wire confirmations, and disbursements with the original petition. Confirm that qualifying capital reached the business. A balance alone may not demonstrate that capital was at risk. Initial source-of-funds evidence serves a different purpose, although USCIS can revisit lawful-source issues if derogatory information arises.

Compare financial statements, construction reports, and repayment notices. If the JCE returned loan proceeds to the NCE, document when the money arrived and what the NCE did next. Further deployment can raise distinct sustainment questions, particularly for pre-RIA investments still within the required period. Transaction dates and terms matter more than general assurances. For broader context, see investment immigration.

Review payroll registers, tax filings, and Forms I-9. Check whether each claimed position ordinarily requires at least 35 hours of work per week and is filled by a qualifying employee. Separate part-time positions cannot simply be combined, although a qualifying job-sharing arrangement may fill one full-time position. Independent contractors and the investor's spouse or children do not count as qualifying employees. A headcount alone may overstate qualifying jobs.

A regional center investment may rely on qualifying direct and indirect jobs supported by a reasonable economic methodology. Obtain the economic report and its supporting inputs, such as eligible expenditures and operating figures. Compare actual activity with the assumptions in the original filing. Where multiple investors claim jobs from the same project, review the allocation methodology to avoid unsupported double counting. Forecasts still require reliable inputs.

Under 8 C.F.R. § 216.6, an I-829 petition may rely on qualifying jobs expected to be created within a reasonable time. Provide updated schedules, contracts, and hiring forecasts. Explain precisely why the original projection was missed and what supports the revised date. USCIS generally treats jobs expected within one year after the second anniversary of conditional residence as within a reasonable time; longer delays usually require exceptional circumstances. Unsupported forecasts may be insufficient.

A financing problem does not automatically make a project a legally qualifying troubled business. The classification requires specified historical losses and may permit qualifying preserved jobs to count. Compare payroll before and after investment if this exception is relevant. For other project changes, retain revised budgets, permits, lender communications, and explanations of their impact on employment. Do not treat a changed business plan as proof that the original job estimates were fulfilled.

Form I-829 is generally due within the 90 days immediately before the second anniversary of obtaining conditional permanent residence. Calculate from the date conditional residence began, not the investment date. Late filing may be excused only under limited rules involving good cause and extenuating circumstances. Include copies of the relevant conditional resident cards. Verify the form edition, filing address, and fee; a new EB-5 fee rule takes effect November 30, 2026, for filings postmarked on or after that date.

Index documents by source, date, and purpose. Request underlying financial or employment records when sponsor summaries conflict with the prior petition. If USCIS issues a Request for Evidence, address each identified deficiency by the deadline on the notice. The separate USCIS RFE response process explains those procedural requirements. An EB-5 law firm can review the inconsistencies, but USCIS decides whether the evidence satisfies the law.