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Appendix 25-1 Frequently Asked Questions about Form
FREQUENTLY ASKED QUESTIONS ABOUT FORM
What is the Form I-
, Petition by Entrepreneur to Remove the Conditions, is a petition that must be filed by an alien entrepreneur, or immigrant investor, in conditional permanent resident status under
of the Immigration and Nationality Act.
What is the Form
provides an alien entrepreneur/ investor with a 2-year period of conditional residence to invest the required capital in a new commercial enterprise that the alien has established. In addition, in the 2-year period the alien entrepreneur/investor must create full-time employment for the required number of United States workers. (United States workers may be citizens, aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States, other than
the petitioner and immediate family members). Form
is used by an alien entrepreneur/investor at the end of the 2-year conditional period to request removal of the conditions on his or her lawful permanent resident status.
When is Form
It must be filed within the 90-day period preceding the second anniversary of the conditional resident’s admission to the United States or adjustment of status as a conditional resident.
Where is Form
must be filed with the
service center having jurisdiction over the location of the alien entrepreneur/investor’s commercial enterprise in the United States. On December 4, 1998, the Service published a Federal Register Notice announcing that all petitions related to alien entrepreneur/ immigrant investor classification were to be filed at the newly defined jurisdictional areas of either the Texas Service Center or the California Service Center (
63 FR 67135
Petitions on Form
are filed (1) with the Texas Service Center if the new commercial enterprise is located, or will principally be doing business, in the geographic area previously under the jurisdiction of the Vermont and Texas Service Centers or (2) with the California Service Center if the new commercial enterprise is located, or will principally be doing business, in the geographic area previously under the jurisdiction of the California and Nebraska Service Centers.
The Nebraska and Vermont Service Centers no longer have jurisdiction over
. The Nebraska and Vermont Service Centers were authorized to forward EB-5 petitions to the Texas and California Service Centers if necessary due to incorrect filing for a 60-day period following December 4, 1998. (That time period has expired.)
What are the mailing addresses for these new filing locations?
The current mailing addresses for these petitions and applications are as follows: for the California Service Center, 24000 Avila Road, 2
floor (P.O. Box 10526), Laguna Niguel, California 92607-0526; for the Texas Service Center, P.O. Box 852135, Mesquite, Texas, 75185-2135.
What is the fee for Form
To be considered properly filed, Form I-829 must be accompanied by the fee required under
8 CFR 103.7(b)(1)
What other documents are filed with Form
8 CFR 216.6(a)(4)
, the petition for removal of conditions must be accompanied by evidence that:
a commercial enterprise was established by the alien entrepreneur/investor;
the alien entrepreneur/investor invested or was actively in the process of investing the requisite capital;
the alien entrepreneur/investor sustained the actions at (1) and (2) throughout the period of his or her residence in the United States, and;
the alien entrepreneur/investor created or can be expected to create within a reasonable time ten full-time jobs for qualifying employees.
Are the entrepreneur/investor’s spouse and child required to file separate applications?
8 CFR 216.6(a)
, they should be included in the conditional resident’s petition on Form
, at Part 3. Children who have reached the age of twenty-one, children who have married during the period of conditional permanent residence, and the former spouse of an entrepreneur, who was divorced from the entrepreneur during the period of conditional residence, may be included in the conditional resident’s petition or may file a separate petition on Form
Will entrepreneurs/investors remain in status after they file
(FAQ 9 Revised 01/18/2005; AFM 05-07)
8 CFR 216.6(a)
, upon receipt of a properly filed Form I-829, the alien’s conditional permanent resident status shall be extended automatically, if necessary, until such time as the director has adjudicated the petition. The Form I-829 receipt notice will state that the conditional resident’s
Form I-551, Permanent Resident Card, is extended for one year. If the petition is not adjudicated within this time period, the conditional resident, if necessary, should contact the district office nearest to where he or she is living thirty (30) days before the Form I-551 expiration date is reached for further documentation regarding status and employment.
Can entrepreneurs/investors travel after filing
(FAQ 10 Revised 01/18/2005; AFM 05-07) Under
8 CFR 216.6(a)(3)
, an alien entrepreneur who has filed Form I-829 is authorized to travel outside the United States and return if in possession of appropriate documentation. The regulation at
8 CFR 211.1(a)(5)
authorizes admission if an alien presents an expired Form I-551, Permanent Resident Card, accompanied by a filing receipt issued within the previous 6 months for a Form I-829, if seeking admission or readmission after a temporary absence of less than 1 year. (Some filing receipts may authorize travel for up to 1 year.)
[NOTE: Service Centers may issue a duplicate Form I-829 receipt to facilitate extension of employment and travel authorization for pending cases.]
Waivers from visa requirements may be obtained under
8 CFR 211.1(b)
. District offices are authorized to issue:
a temporary I-551 stamp with a 12-month expiration date in the petitioner’s unexpired, foreign passport (if the expiration date of the passport is one year or more), or
if the petitioner is not in possession of an unexpired foreign passport, a Form I-94 (arrival portion) containing a temporary I-551 stamp with a 12-month expiration date and a photograph of the petitioner.
[NOTE: IIO may require petitioner to obtain unexpired passport, if available, prior to issuing temporary I-551 stamp.]
An alien entrepreneur may wish to contact his or her local USCIS district office to discuss the travel planned and to determine the routine procedures of that office for obtaining such necessary travel documentation. If necessary, thirty (30) days before the expiration of the Form I-829 [NOTE: Also I-551 temporary stamp or card], the conditional resident should contact the district office nearest to where he or she is living for such documentation for purposes of travel outside of the United States.