EB5 Investors Magazine "Top 25 issue" Volume 9 Issue 1 | Page 8

Unreasonable delay lawsuits on Form I-829s for EB-5

As USCIS often fails to adjudicate within its statutory deadline , many investors have started to turn to litigation with successful results .
By Joseph “ Joey ” Barnett

The Form I-829 is filed by conditional permanent residents who obtained status through an EB-5 qualifying investment and who wants to remove the conditions . These “ conditions ” relate to the job creation and sustainment provisions of the EB-5 investment . An EB-5 investor must show that a minimum of 10 positions have been created as a result of his / her investment and that the EB-5 investor sustained his / her investment over the two years of conditional residence .

Congress mandated the Form I-829 phase of this EB-5 immigration process to take a maximum of 180 days for U . S . Citizenship and Immigration Services to make a ruling . “[ T ] he Attorney General shall make a determination , within 90 days of the date of such filing or interview ( whichever is later ), as