Earlier this month, USCIS updated the EB-5 section of its Policy Manual with important I-829 Removal of
Conditions-related instructions for officers to grant investors
evidence of status.
By way of background, successful EB-5 investors and their
families are granted conditional permanent residency for a period
of two years. Within 90 days of the expiration of their Green
Cards, they must file Form I-829 to remove conditions upon their
residency. The regulations provide that upon filing the I-829,
residency "shall be extended automatically, if necessary,
until such time as [USCIS] has adjudicated the petition."
The Immigration and Nationality Act, as well as the
regulations, mandate timely adjudication of I-829s. Yet,
I-829 processing times are currently published at an absurd 25-30
months. Virtually all applicants therefore will have their
conditional Green Cards expire before their I-829s can be
adjudicated. This creates a logistical problem for investors
