USCIS Issues New Form I-829

Summary

The USCIS Issues a new I-829 that will be used in place of the old form I-829 in less than 2 months. The biggest change is that investors must testify to having read and verified their I-829 petition themselves.

June 29, 2015


The new I-829 consists of 13 pages of instructions and an 11-page form to be completed. There are a few important highlights of the new edition for attorneys, investors, and regional centers to note:

More biographic information.

Investors will need to disclose their height/weight, hair/eye color, and race/ethnicity, similar to what is presently done in Naturalization Applications.

More information relating to the New Commercial Enterprise (NCE).

The new form asks for additional information relating to the type of enterprise, similar to the I-526. Investors are also asked for the NCE’s North American Industry Classification Code (NAICS) and dates and amounts of all subsequent investments. The number of EB-5 investors in the NCE and their total capital must also be included. It is interesting to note this request, as it duplicates the information that regional centers are required to provide to the USCIS at the end of each respective fiscal year on the Form I-924A.

Detailed information of direct job creation.

In the new form, Investors must detail the number of full-time direct jobs at the time of initial investment and at the time of filing. Investors are also asked for estimates of direct jobs to be created within a reasonable amount of time if there is any delay in job creation.

For Regional Center cases, detailed information of indirect job creation.

Investors need to include a total number of indirect jobs created at the time of filing, as well as those to be created within a reasonable amount of time from filing. All RC-based filings must also include the RC Identification Number and the receipt number for the associated approved I-924.

New procedures at the biometric appointment.

At the time of the ASC appointment, the Form and instructions require the Petitioner to sign, under penalty of perjury, a declaration indicating that he/she has reviewed the I-829 filing and understand its contents, attesting that all materials filed are “complete, true, and correct.” The instructions to the new form recommend the petitioner review the filing prior to the appointment. If the petitioner cannot “make that attestation in good faith at that time,” USCIS will require the investor to return for another appointment.

Source: G-T Law, Matthew Galati