USCIS Guidance Regarding Long-Pending EB-5 Form I-829 Petitions by Investors to Remove Conditions on Permanent Residence

Recently, the American Immigration Lawyers Association (AILA) requested an update from the U.S. Citizenship and Immigration Services (USCIS) regarding the delayed adjudication of Form I-829 petitions filed by EB-5 investors seeking to remove their conditions on permanent residence.

AILA suggested two alternatives for providing evidence of continued lawful permanent residence which consisted of making simple adjustments to the language of Form I-829 receipt notices.

On January 19, 2024, USCIS responded to these concerns indicating their awareness of the issue and ongoing efforts to reduce the burden on investors.

USCIS pointed out that beginning on January 11, 2023, the agency extended the validity of Permanent Resident Cards (also known as Green Cards) for petitioners who properly filed Form I-829, for 48 months beyond the green card’s expiration date.

This extension was made in consideration of the long processing times USCIS has been experiencing to adjudicate Form I-829, which have increased over the past year.

They also note that USCIS field offices also recently began issuing and mailing the Form I-94 (arrival/departure record) with ADIT (temporary 1-551) stamps as temporary evidence of Legal Permanent Resident status without requiring an in-person appearance at field offices, for investors who have requested evidence of their LPR immigration status from USCIS.

Having Form I-94 with an ADIT stamp is helpful because it enables an individual to travel outside of the United States and is also an acceptable List A receipt for Form I-9 and E-Verify employment authorization. More detailed information about USCIS’ Temporary Status Documentation for Lawful Permanent Residents (LPR) is available here.

The Chief of the Immigrant Investor Office Alissa Emmel recognizes that while USCIS extended the validity of expired Permanent Resident Cards by 48 months for Form I-829 petitioners starting on January 11, 2023, unfortunately, not all petitioners may be benefiting from these extensions, particularly those with older pending petitions.

For instance, an I-829 petitioner who may have obtained an ADIT stamp prior to the 48-month extension change may have properly had their expired Permanent Resident Card confiscated during a field office encounter. Because the validity of the 48-month extension requires that the individual present both his or her expired Permanent Resident Card and their original receipt notice associated with their Form I-829 petition, individuals not in possession of both would need to request an ADIT stamp to obtain proof of Legal Permanent Resident status.

Investors or their legal representatives may request scheduling of an infopass appointment to obtain an ADIT stamp at a USCIS field office.

To learn more about this guidance, please click here.

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