Mark A Ivener, A Law Corporation

New Information on I-829 Receipts and Impacts of the Government Shutdown

Information Regarding I-829 Receipts

In order to file for the removal of conditions on their permanent resident status, investors must complete the I-829 Form. It will only be approved if an EB-5 investor can prove that 10 jobs were created and the investment was maintained at risk.

The USCIS will issue a receipt once the I-829 is filed. This receipt, called a Form I-797, allows for travel, work and driver’s license extensions by extending the conditional resident status of the investor by 18 months.

After the 18 months have expired, USCIS can decide to reissue a receipt for further extension of conditional permanent resident status, but it does not have to do this.

Conditional residents can also obtain proof of status by getting the I-551, or ADIT, stamp in their passport. To get the stamp, a conditional resident needs to schedule an InfoPass appointment by calling the USCIS within 30 days of their last receipt notice expiration. They can reach the USCIS customer service line by dialing 1 (800) 375-5283.

Calls to USCIS should be made within 30 days of the last receipt notice expiration. USCIS doesn’t always have the best service on the phone, but this is the best way to ensure a relatively efficient process.

Impact Of Government Shutdown On Immigration

With a potential new shutdown looming, we wanted to provide information on how a shutdown affects immigration processes. The USCIS is fortunate in that it is not primarily funded by the federal budget, but rather from fees. This means that direct EB-5 cases and H-1B visa operations can continue through a shutdown.

The EB-5 Regional Center Program, however, is funded by a statute that needs to be consistently extended within the government. This means that when the government shuts down, so does the EB-5 Regional Center Program. During shutdowns USCIS typically continues to accept I-526 and I-485 cases, but they put the review of these cases on hold until the federal budget is once again extended. I-829s can also be decided during a shutdown, and American Consuls should continue to visas and green card application interviews.

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About the Author

Mark A. Ivener, A Law Corporation, a nationally recognized law firm, has successfully assisted hundreds of clients in immigration matters.