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| File Type | application/pdf |
|---|---|
| File Title | Microsoft Word - I829-019-INS-TOC-EB5Reform-NPRM-06122026 |
| Author | Mulvihill, Timothy R |
| File Modified | 2026-07-01 |
| File Created | 2026-07-01 |
| Conversion State | complete |
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TABLE OF CHANGES – INSTRUCTIONS Form I-829, Instructions for Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status OMB Number: 1615-0045 06/12/2026 Reason for Revision: EB Reform NPRM Legend for Proposed Text: Black font = Current text Red font = Changes Expires 03/31/2027 Edition Date 01/20/2025 Current Page Number and Section Page 1, What Is the Purpose of Form I-829? Current Text Proposed Text [Page 1] [Page 1] What Is the Purpose of Form I-829? What Is the Purpose of Form I-829? Form I-829 is for immigrant investors to petition to remove the conditions on their, and certain dependents’, permanent resident status which they obtained based on investment in a new commercial enterprise. The petitioner must submit this petition within the 90-day period immediately preceding the second anniversary of obtaining conditional permanent resident status. Form I-829 is for immigrant investors to: 1. Petition to remove the conditions on their (and certain dependents’), permanent resident status which they obtained based on investment in a new commercial enterprise; or 2. Request an extension of their conditional permanent resident status for an additional year to create the jobs required to establish eligibility to remove conditions. [Page 1] NEW When Must I File Form I-829? 1. Filing to remove conditions after two years of conditional permanent resident status or to extend conditional permanent resident status for a third year to establish the necessary job creation. You must submit this petition within the 90-day period immediately preceding the second anniversary of obtaining conditional permanent resident status. 2. Filing to remove conditions two years after a subsequent investment made to 1 retain eligibility. If you made a subsequent investment to retain eligibility under the Immigration and Nationality Act (INA) section 203(b)(5)(M), you must file this petition within the 90-day period preceding the second anniversary of the subsequent investment. 3. Filing to remove conditions after receiving an additional year to create necessary jobs. If you are filing to remove your conditions after receiving an additional year of conditional permanent resident status, you must file this form within 30 days after the third anniversary of obtaining conditional permanent resident status. Page 1, [Page 1] [Page 1] What Happens When I File or Fail to File Form I-829? What Happens When I File or Fail to File Form I-829? What Happens When I File or Fail to File Form I-829? Effect of Filing Effect of Filing If U.S. Citizenship and Immigration Services (USCIS) accepts your petition before your conditional permanent resident status is terminated, your conditional permanent resident status will automatically be extended for the period indicated on your filing receipt. You will receive a filing receipt that you should carry with your Permanent Resident Card. If you travel outside the United States while this petition is pending, you will have to show, when you board a plane, ship, or other carrier to come back to the United States, that you are eligible to return. You should present both your Permanent Resident Card and the filing receipt for this petition when you return, as well as in all other situations in which you are required to provide evidence of your conditional permanent resident status. If U.S. Citizenship and Immigration Services (USCIS) accepts your petition before your conditional permanent resident status is terminated, the validity of your Permanent Resident Card will automatically be extended for the period indicated on your filing receipt. You will receive a filing receipt that you should carry with your Permanent Resident Card. If you travel outside the United States while this petition is pending, you will have to show, when you board a plane, ship, or other carrier to come back to the United States, that you are eligible to return. You should present both your Permanent Resident Card and the filing receipt for this petition when you return, as well as in all other situations in which you are required to provide evidence of your conditional permanent resident status. [Page 2] Effect of Not Filing Effect of Not Filing If you fail to file this petition within the 90day period immediately preceding the second anniversary of obtaining your If you do not file this petition within your required timeframe, USCIS will terminate your conditional permanent resident status 2 conditional permanent resident status, USCIS will terminate your conditional permanent resident status and you will become removable from the United States. However, if your failure to file within that 90-day period was for good cause and due to extenuating circumstances, you may file your petition late with a written explanation and request that USCIS, in its discretion, excuse your late filing. and you will become removable from the United States. However, if your failure to file within that period was for good cause and due to extenuating circumstances, you may file your petition late with a written explanation and request that USCIS, in its discretion, excuse your late filing. Pages 1-2, [Page 1] [Page 2] Who May File Form I829? Who May File Form I-829? Who May File Form I-829? You may use this form to request the removal of conditions on your permanent resident status if you were granted conditional permanent resident status as an investor. You may include your conditional permanent resident spouse or former spouse and children in your petition. If your spouse and children are not included on this Form I-829 petition, each dependent must file their own petition separately. Your spouse and children cannot be included together on a Form I-829 petition if they are not filing with you, the principal investor. However, the surviving spouse and children may be included together on a Form I-829 petition if the principal investor has died. You may use this form to request the removal of conditions on your permanent resident status if you were granted conditional permanent resident status as an immigrant investor. You may also use this form to request an extension of your conditional permanent resident status for a third year to create the jobs required to establish eligibility to remove conditions. If you are the conditional permanent resident child of an investor and you have reached 21 years of age or married during the period of conditional permanent residency, or if you are the former conditional permanent resident spouse of an investor, who was divorced from the investor during the period of conditional permanent residence, you may still be included in the investor’s petition or you may choose to file a separate petition. If you are the conditional permanent resident child of an investor and you have reached 21 years of age or married during the period of conditional permanent residency, or if you are the former conditional permanent resident spouse of an investor, who was divorced from the investor during the period of conditional permanent residence, you may still be included in the investor’s petition or, if not included, you must file a separate petition. [Page 2] 3 You may include your conditional permanent resident spouse or former spouse and children in your petition. If your spouse and children are not included on this Form I-829 petition, each dependent must file their own petition separately. Your spouse and children cannot be included together on a Form I-829 petition if they are not filing with you, the principal investor. However, the surviving spouse and children may be included together on a Form I-829 petition if the principal investor has died. NOTE: If you are filing a separate petition from the investor, you should attach a copy of the investor’s Form I-797, Notice of Action, relating to their I-829 petition. NOTE: If you are filing a separate petition from the investor, you should attach a copy of the investor’s Form I-797, Notice of Action, relating to their I-829 petition. If you obtained conditional permanent resident status through your investor spouse or parent, and that spouse or parent has died, you may use this form to petition for removal of the conditions on your permanent resident status. If you obtained conditional permanent resident status through your investor spouse or parent, and that spouse or parent has died, you may use this form to petition for removal of the conditions on your permanent resident status. Pages 2-3 [Page 2] [Page 2] General Instructions … … 2. If you need extra space to complete any item within this petition, use the space provided in Part 12. Additional Information or attach a separate sheet of paper. Type or print your name and Alien Registration Number (A-Number) (if any) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer refers; and sign and date each sheet. 2. If you need extra space to complete any item within this petition, use the space provided in Part 14. Additional Information or attach a separate sheet of paper. Type or print your name and Alien Registration Number (A-Number) (if any) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer refers; and sign and date each sheet. … … Pages 3-10, [Page 3] [Page 4] Specific Instructions Specific Instructions Specific Instructions Part 1. Basis for Petition Part 1. Basis for Petition Item Number 1. Investment Type. Indicate whether the investor’s investment is associated with a regional center that was designated at the time the investor became a conditional permanent resident. [delete] Item Numbers 2.a. and 2.b. Name and Identification Number of the Regional Center (RC). If the investor’s investment is associated with a designated regional center, provide the full legal name of the regional center and the identification number of the regional center. Item Numbers 3.a. and 3.b. Name and Identification Number of the New Commercial Enterprise (NCE). Provide the full legal name of the NCE in which the investor invested. (NOTE: This is a 4 required field. Do not leave it blank.) Indicate the NCE Identification Number. Item Numbers 4. - 6. Petition Type. Select only one box that indicates the basis for your petition. Item Number 1. Petition Type. Select only one box that indicates the basis for your petition. Spouse and children who are filing separately from the investor, must select Box 4. Item Number 2. Form I-526 or Form I526E Receipt Number. Provide the receipt number for the approved Form I-526 or Form I-526E on which this petition is based. Item Number 3. Previously filed Form I526, Form I-526E, or Form I-829. Indicate if you have previously submitted a Form I-526, Form I-526E, or Form I-829. If you have, provide the receipt number(s) of any other previously filed forms in Part 14. Additional Information. Part 2. Information About You Part 2. Information About You Item Numbers 1.a. - 1.c. Your Full Name. Provide your full legal name in the spaces provided. Item Number 2. Alien Registration Number (A-Number) (if any). Provide your A-Number. We use your A-Number to identify your immigration records. It begins with an “A” and can be found on correspondence you have received from the Department of Homeland Security (DHS) or USCIS. If you do not have an ANumber, type or print “N/A.” [Page 4] Item Number 3. USCIS Online Account Number. You will only have a USCIS Online Account Number (OAN) if you previously filed a form that has a receipt number that begins with IOE. If you filed the form online, you can find your OAN in your account profile. If you mailed us the form, you can find your OAN at the top of the Account Access Notice we sent you. If you do not have a receipt number that 5 Item Number 1. Your Full Name. Provide your full legal name in the spaces provided. Item Number 2. Alien Registration Number (A-Number) (if any). Provide your A-Number. We use your A-Number to identify your immigration records. It begins with an “A” and can be found on correspondence you have received from the Department of Homeland Security (DHS) or USCIS. If you do not have an ANumber, type or print “N/A.” Item Number 3. USCIS Online Account Number. You will only have a USCIS Online Account Number (OAN) if you previously filed a form that has a receipt number that begins with IOE. If you filed the form online, you can find your OAN in your account profile. If you mailed us the form, you can find your OAN at the top of the Account Access Notice we sent you. If you do not have a receipt number that begins with IOE, you do not have an OAN. The OAN is not the same as an A-Number. begins with IOE, you do not have an OAN. The OAN is not the same as an A-Number. Item Number 4. U.S. Social Security Number (if any). Provide your U.S. Social Security number. If you do not have a U.S. Social Security number, type or print “N/A.” Item Number 5. Date of Birth. Provide your date of birth in a mm/dd/yyyy format. Item Number 6. Sex. Identify whether you were born a male or female as provided in your birth certificate issued at the time of birth or issued closest to the time of birth or secondary evidence you provided to USCIS, if applicable. Item Number 7. Country of Birth. Provide the name of the country where you were born. Item Number 8. Country of Citizenship or Nationality. Provide the name of the country where you are a citizen and/or national. This is not necessarily the country where you were born. If you do not have citizenship in any country, type or print “stateless” and provide an explanation in Part 12. Additional Information. Item Number 9. Date of Admission as a Conditional Permanent Resident. Provide the date you first entered the United States as a conditional permanent resident or the date you adjusted status. Refer to the date listed as “Resident Since” on your Form I-551, Permanent Resident Card. Item Number 10. Form I-526 Receipt Number. Provide the receipt number for the approved Form I-526, Immigrant Petition by Alien Investor, on which this petition is based. 6 Item Number 4. U.S. Social Security Number (if any). Provide your U.S. Social Security number. If you do not have a U.S. Social Security number, type or print “N/A.” Item Number 5. Date of Birth. Provide your date of birth in a mm/dd/yyyy format. Item Number 6. Sex. Indicate whether you are male or female as provided on your birth certificate issued at the time of birth or issued closest to the time of birth or in secondary evidence you provided to USCIS, if applicable. Item Number 7. Country of Birth. Provide the name of the country where you were born. Item Number 8. Country(ies) of Citizenship or Nationality (current and relinquished). Provide the name of the country where you are a citizen and/or national. This is not necessarily the country where you were born. If you do not have citizenship in any country, type or print “stateless” and provide an explanation in Part 14. Additional Information. If you are a citizen or national of more than one country, list any additional countries of citizenship or nationality in Part 14. Additional Information. Item Number 9. Date of Admission as a Conditional Permanent Resident. Provide the date you first entered the United States as a conditional permanent resident or the date you adjusted status. Refer to the date listed as “Resident Since” on your Form I-551, Permanent Resident Card. [delete] Item Number 11. Additional Form I-526 or I-829 Receipt Numbers. Provide the receipt numbers for any additional Form I526, Immigrant Petition by Alien Investor, or Form I-829, Petition by Investor to Remove Conditions to Permanent Resident Status, filed by the investor. Item Numbers 12.a. - 13.c. Other Names You Have Used (including maiden names, nicknames, and aliases, if any). Provide all the names you have ever used, including maiden names, married names, nicknames and aliases, in the spaces provided. Use the space provided in Part 12. Additional Information to provide additional names. Item Numbers 14.a. - 14.f. Your U.S. Mailing Address. Provide the address where you would like to receive written correspondence regarding your petition. If your petition is approved, this is also the address that USCIS will use to mail your new Permanent Resident Card. NOTE: Do not provide a PO Box or the address of your attorney or accredited representative. Item Number 10. Other Names You Have Used (including maiden names, nicknames, and aliases, if any). Provide all the names you have ever used, including maiden names, married names, nicknames and aliases, in the spaces provided. Use the space provided in Part 14. Additional Information to provide additional names. Item Number 11. Your U.S. Mailing Address. Provide the address where you would like to receive written correspondence regarding your petition. If your petition is approved, this is also the address that USCIS will use to mail your new Permanent Resident Card. NOTE: Do not provide a PO Box or the address of your attorney or accredited representative. [Page 5] Item Number 12. Your Physical Address. Provide your physical address if it is different from your mailing address. Item Number 15. Your Physical Address. Provide your physical address if it is different from your mailing address. Item Numbers 16.a. - 16.h. Your Physical Address. If you answered “No” to Item Number 15., you must provide your current physical address, the address where you live. Item Numbers 17. - 18. Criminal History. Indicate whether you have ever been arrested, cited, charged, indicted, convicted, fined, or imprisoned for violating any law or ordinance. Also, indicate if you have ever committed any crime for which you were not arrested. NOTE: If you answered “Yes” to Item Number 17., you must provide certified court dispositions, arrest reports, statements of charges, indictment information, and any 7 Item Numbers 13. Your Physical Address. If you answered “No” to Item Number 12., you must provide your current physical address, the address where you live. Item Numbers 14. - 15. Criminal History. Indicate whether you have ever been arrested, cited, charged, indicted, convicted, fined, or imprisoned for violating any law or ordinance. Also, indicate if you have ever committed any crime for which you were not arrested. NOTE: If you answered “Yes” to Item Number 14., you must provide certified court dispositions, arrest reports, statements of charges, indictment information, and any other charging documents that were issued. If you answered “Yes” to Item Number 15., you must provide the date and location (town or city, state or province, and other charging documents that were issued. If you answered “Yes” to Item Number 18., you must provide the date and location (town or city, state or province, and country) of the events and provide an explanation in Part 12. Additional Information. country) of the events and provide an explanation in Part 14. Additional Information. [Page 5] See the What Evidence Must You Submit section of these Instructions for information on required documents. See the What Evidence Must You Submit section of these Instructions for information on required documents. Part 3. Information About Your Current or Former Conditional Permanent Resident Spouse Part 3. Information About Your Current or Former Conditional Permanent Resident Spouse If you are the investor, provide information about your current spouse or former conditional permanent resident spouse. If you are the investor, provide information about your current spouse or former conditional permanent resident spouse. NOTE: The former conditional permanent resident spouse of an investor, who was divorced from the investor during the period of conditional permanent residence, may be included in the petition or may file a separate petition. NOTE: The former conditional permanent resident spouse of an investor, who was divorced from the investor during the period of conditional permanent residence, may be included in the petition or may file a separate petition. If you are the current spouse or former conditional permanent resident spouse of an investor and you are filing a separate I829 petition, provide information about your current or former investor spouse. NOTE: If you have both a current spouse and a former conditional permanent resident spouse, use the space provided in Part 12. Additional Information to provide this same information about your current spouse or former conditional permanent resident spouse who you did not already include in the spaces provided in Part 3. Item Numbers 1.a. - 1.c. Your Current or Former Conditional Permanent Resident Spouse’s Full Name. Provide your current or former conditional permanent resident spouse’s full legal name in the spaces provided. Item Number 2. Sex. Identify whether you were born a male or female as provided 8 If you are the current spouse or former conditional permanent resident spouse of an investor and you are filing a separate I829 petition, provide information about your current or former investor spouse. NOTE: If you have both a current spouse and a former conditional permanent resident spouse, use the space provided in Part 14. Additional Information to provide this same information about your current spouse or former conditional permanent resident spouse who you did not already include in the spaces provided in Part 3. Item Number 1. Your Current or Former Conditional Permanent Resident Spouse’s Full Name. Provide your current or former conditional permanent resident spouse’s full legal name in the spaces provided. Item Number 2. Sex. Indicate whether your current or former conditional permanent resident spouse is male or female as provided on his or her birth certificate issued at the time of birth or issued closest to the time of birth or in in your birth certificate issued at the time of birth or issued closest to the time of birth or secondary evidence you provided to USCIS, if applicable. Item Number 3. A-Number (if any). Provide your current or former conditional permanent resident spouse’s A-Number, if any. If your current spouse or former conditional permanent resident spouse has more than one A-Number, use the space provided in Part 12. Additional Information to list all the A-Numbers that have been assigned to them. Item Number 4. USCIS Online Account Number. If your current or former conditional permanent resident spouse previously filed an application, petition, or request that has a receipt number that begins with IOE. If they filed the form online, you can find their OAN in their account profile. If they mailed us the form, you can find their OAN at the top of the Account Access Notice we sent them. If they do not have a receipt number that begins with IOE, they do not have an OAN. The OAN is not the same as an A-Number. Item Number 5. Date of Birth. Provide your current or former conditional permanent resident spouse’s date of birth in a mm/dd/yyyy format. Item Numbers 6.a. - 7.c. Other Names Used (including maiden names, nicknames, and aliases, if any). Provide all the names that your current or former conditional permanent resident spouse has ever used, including maiden names, married names, nicknames and aliases, in the spaces provided. Use the space provided in Part 12. Additional Information to provide additional names. secondary evidence provided to USCIS, if applicable. Item Number 3. A-Number (if any). Provide your current or former conditional permanent resident spouse’s A-Number, if any. If your current spouse or former conditional permanent resident spouse has more than one A-Number, use the space provided in Part 14. Additional Information to list all the A-Numbers that have been assigned to them. Item Number 4. USCIS Online Account Number. If your current or former conditional permanent resident spouse previously filed an application, petition, or request that has a receipt number that begins with IOE. If they filed the form online, you can find their OAN in their account profile. If they mailed us the form, you can find their OAN at the top of the Account Access Notice we sent them. If they do not have a receipt number that begins with IOE, they do not have an OAN. The OAN is not the same as an A-Number. Item Number 5. Date of Birth. Provide your current or former conditional permanent resident spouse’s date of birth in a mm/dd/yyyy format. Item Number 8. Other Names Used (including maiden names, nicknames, and aliases, if any). Provide all the names that your current or former conditional permanent resident spouse has ever used, including maiden names, married names, nicknames and aliases, in the spaces provided. Use the space provided in Part 14. Additional Information to provide additional names. [Page 6] Item Number 9. Physical Address. Provide your current or former conditional permanent resident spouse’s physical address. Item Numbers 8.a. - 8.h. Physical Address. Provide your current or former conditional permanent resident spouse’s physical address. 9 Item Numbers 10. - 12. Marital Status. Indicate whether the person listed in this section is your current or former Item Numbers 9. - 11. Marital Status. Indicate whether the person listed in this section is your current or former conditional permanent resident spouse and provide the date of your marriage as well as the date of the termination of your marriage, if applicable. Item Numbers 12. - 13. Residing and Applying Together. Indicate whether your current or former conditional permanent resident spouse is currently living with you and whether or not they are applying with you to remove the conditions on their permanent resident status. If dependents are not included, they must file a Form I829 separately and as an individual petitioner. [Page 6] Item Numbers 14. - 15. Current Immigration Status. Provide your current or former conditional permanent resident spouse’s immigration status (for example, conditional permanent resident, tourist/visitor, entered without inspection.) Also, indicate whether your current or former conditional permanent resident spouse’s immigration status is based on your current immigration status. See the What Evidence Must You Submit section of these Instructions for information on required documents. Part 4. Information About Your Children Provide information about ALL of your children including biological children, stepchildren, and adoptive children, regardless of age. Item Numbers 1.a. - 1.c. Your Child’s Full Name. Provide your child’s full legal name in the spaces provided. Item Number 2. Sex. Identify whether you were born a male or female as provided in your birth certificate issued at the time of birth or issued closest to the time of birth or 10 conditional permanent resident spouse and provide the date of your marriage as well as the date of the termination of your marriage, if applicable. Item Numbers 13. - 14. Residing and Applying Together. Indicate whether your current or former conditional permanent resident spouse is currently living with you and whether or not they are applying with you to remove the conditions on their permanent resident status. If dependents are not included, they must file a Form I829 separately and as an individual petitioner. Item Numbers 15. - 16. Current Immigration Status. Provide your current or former conditional permanent resident spouse’s immigration status (for example, conditional permanent resident, tourist/visitor, entered without inspection.) Also, indicate whether your current or former conditional permanent resident spouse’s immigration status is based on your current immigration status. See the What Evidence Must You Submit section of these Instructions for information on required documents. Part 4. Information About Your Children Provide information about ALL of your children including biological children, stepchildren, and adoptive children, regardless of age. Item Number 1. Your Child’s Full Name. Provide your child’s full legal name in the spaces provided. Item Number 2. Sex. Indicate whether your child is male or female as provided on his or her birth certificate issued at the time of birth or issued closest to the time of birth or in secondary evidence provided to USCIS, if applicable. secondary evidence you provided to USCIS, if applicable. Item Number 3. A-Number (if any). Provide your child’s A-Number, if any. If your child has more than one A-Number, use the space provided in Part 12. Additional Information to list all the ANumbers that have been assigned to them. Item Number 4. USCIS Online Account Number. If your child previously filed an application, petition, or request that has a receipt number that begins with IOE. If they filed the form online, you can find their OAN in their account profile. If they mailed us the form, you can find their OAN at the top of the Account Access Notice we sent them. If they do not have a receipt number that begins with IOE, they do not have an OAN. The OAN is not the same as an A-Number. Item Number 5. Date of Birth. Provide your child’s date of birth in a mm/dd/yyyy format. Item Numbers 6.a. - 6.c. Other Names Used (including maiden names, nicknames, and aliases, if any). Provide all the names that your child has ever used, including maiden names, married names, nicknames, and aliases, in the spaces provided. Item Numbers 7.a. - 7.h. Mailing Address. Provide your child’s mailing address, if it is different from the address that you provided in Part 2., Item Number 14.a. - 14.f. Item Number 3. A-Number (if any). Provide your child’s A-Number, if any. If your child has more than one A-Number, use the space provided in Part 14. Additional Information to list all the ANumbers that have been assigned to them. Item Number 4. USCIS Online Account Number. If your child previously filed an application, petition, or request that has a receipt number that begins with IOE. If they filed the form online, you can find their OAN in their account profile. If they mailed us the form, you can find their OAN at the top of the Account Access Notice we sent them. If they do not have a receipt number that begins with IOE, they do not have an OAN. The OAN is not the same as an A-Number. Item Number 5. Date of Birth. Provide your child’s date of birth in a mm/dd/yyyy format. Item Number 6. Other Names Your Child Has Used (including maiden names, nicknames, and aliases, if any). Provide all the names that your child has ever used, including maiden names, married names, nicknames, and aliases, in the spaces provided. Item Number 7. Mailing Address. Provide your child’s mailing address, if it is different from the address that you provided in Part 2., Item Number 11. Item Numbers 8. - 9. Residing and Applying Together. Indicate whether your child is currently living with you and Item Numbers 8. - 9. Residing and whether or not they are applying with you Applying Together. Indicate whether your to remove the conditions on their permanent child is currently living with you and resident status. If dependents are not whether or not they are applying with you included, they must file a Form I-829 to remove the conditions on their permanent separately and as an individual petitioner. resident status. If dependents are not included, they must file a Form I-829 Item Number 10. Current Immigration separately and as an individual petitioner. Status. Provide your child’s current immigration status (for example, Item Number 10. Current Immigration conditional permanent resident, Status. Provide your child’s current tourist/visitor, in the country without immigration status (for example, inspection.) conditional permanent resident, 11 tourist/visitor, in the country without inspection.) See the What Evidence Must You Submit section of these Instructions for information on required documents. See the What Evidence Must You Submit section of these Instructions for information on required documents. [Page 7] NOTE: If you have more than one child, provide the same information for each child in the spaces provided for Child 2, Child 3, and Child 4 as applicable. If you have more than four children, use the space provided in Part 12. Additional Information to list each additional child and provide the same information. Part 5. Biographic Information Provide the biographic information requested in Part 5., Item Numbers 1. - 6. Providing this information as part of your petition may reduce the time you spend at your USCIS ASC appointment as described in the Biometric Services Appointment section of these Instructions. Item Numbers 1. - 2. Ethnicity and Race. Select the boxes that best describe your ethnicity and race. Categories and Definitions for Ethnicity and Race 1. Hispanic or Latino. A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. (NOTE: This category is only included under Ethnicity in Part 5., Item Number 1.) NOTE: If you have more than one child, provide the same information for each child in the spaces provided for Child 2, Child 3, and Child 4 as applicable. If you have more than four children, use the space provided in Part 14. Additional Information to list each additional child and provide the same information. Part 5. Biographic Information Provide the biographic information requested in Part 5., Item Numbers 1. - 6. Providing this information as part of your petition may reduce the time you spend at your USCIS ASC appointment as described in the Biometric Services Appointment section of these Instructions. Item Numbers 1. - 2. Ethnicity and Race. Select the boxes that best describe your ethnicity and race. Categories and Definitions for Ethnicity and Race 1. Hispanic or Latino. A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. (NOTE: This category is only included under Ethnicity in Part 5., Item Number 1.) 2. American Indian or Alaska Native. A person having origins in any of the original [Page 7] peoples of North and South America (including Central America), and who 2. American Indian or Alaska Native. A maintains tribal affiliation or community person having origins in any of the original attachment. peoples of North and South America (including Central America), and who 3. Asian. A person having origins in any maintains tribal affiliation or community of the original peoples of the Far East, attachment. Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, 12 3. Asian. A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 4. Black or African American. A person having origins in any of the black racial groups of Africa. 5. Native Hawaiian or Other Pacific Islander. A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands. 5. Native Hawaiian or Other Pacific Islander. A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands. 4. Black or African American. A person having origins in any of the black racial groups of Africa. 6. White. A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 6. White. A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. Item Number 3. Height. Select the values that best match your height in feet and inches. For example, if you are five feet and nine inches, select “5” for feet and “09” Item Number 3. Height. Select the values for inches. Do not enter your height in that best match your height in feet and meters or centimeters. inches. For example, if you are five feet and nine inches, select “5” for feet and “09” Item Number 4. Weight. Enter your for inches. Do not enter your height in weight in pounds. If you do not know your meters or centimeters. weight, or if you need to enter a weight that is under 30 pounds or over 699 pounds, Item Number 4. Weight. Enter your enter “000.” Do not enter your weight in weight in pounds. If you do not know your kilograms. weight, or if you need to enter a weight that is under 30 pounds or over 699 pounds, Item Number 5. Eye Color. Select the enter “000.” Do not enter your weight in box that best describes the color of your kilograms. eyes. Item Number 5. Eye Color. Select the box that best describes the color of your eyes. Item Number 6. Hair Color. Select the box that best describes the color of your hair. Item Number 6. Hair Color. Select the box that best describes the color of your hair. Part 6. Information About the Regional Center Part 6. Additional Information About the Regional Center and the New Commercial Enterprise (NCE) Item Number 1. Investment Type. Indicate whether your investment is associated with a regional center that was designated at the time you became a conditional permanent resident. Item Numbers 1. - 2. Additional Information About the Regional Center (if applicable). Provide the receipt number for the approved Application For Regional Center Designation, either for the initial designation of the regional center or a subsequent amendment, upon which the EB-5 Immigrant Visa was based (if applicable). In addition, indicate whether 13 [delete] the regional center associated with the investor’s investment has been terminated. Item Numbers 3.a. - 5. Physical Address and Contact Information for the NCE. Provide the U.S. physical business address and contact information for the NCE, including telephone number (with area code) and internet address (if established). The physical business address should be the location of the job creating project, if applicable. Item Number 6. Included Industries. Provide the North American Industry Classification System (NAICS) code or codes for all industries included in the NCE and/or the Job Creating Entity (JCE) (as applicable). Item Number 7. IRS Tax ID. Provide the Internal Revenue Service (IRS) Taxpayer Identification Number for the NCE. Item Number 8. Date Business Established. Provide the date that the NCE was established in a mm/dd/yyyy format. Item Number 9. Date of the Investor’s Initial Investment. Provide the date of the investor’s initial investment in the NCE in a mm/dd/yyyy format. Item Number 10. Amount of the Investor’s Initial Investment. Indicate the amount of capital the investor initially invested in the NCE. Item Numbers 11.a. - 11.c. Subsequent Investments in the NCE. If the investor has made additional investments in the NCE since the initial investment, provide the dates, amounts, and types of investments (for example, cash, equipment, inventory, other tangible property, cash equivalents, or qualifying indebtedness as described in 8 Code of Federal Regulations (CFR) section 204.6(e)) the investor has made in the NCE since the investor’s initial investment. [Page 8] 14 Item Number 12. Amount of Capital Investment Sustained in the NCE. Indicate the total amount of capital investment sustained in the NCE by the petitioner throughout the petitioner’s period of conditional residence in the United States. Item Number 13. Changes in Assets of NCE. Indicate whether the NCE has sold any of its assets, including but not limited to investment securities and real property, and distributed the proceeds of the sale to any of its equity holders, or had any other capital distributions or withdrawals since the date of the investor’s initial investment. If you answered “Yes” to Item Number 13., provide an explanation in the space provided in Part 12. Additional Information. Item Number 14. Total Amount of Capital Invested by EB-5 Investors. Indicate the total amount of capital that has been invested in the NCE by all EB-5 investors at the time of filing this petition. Item Number 15. Total Number of EB-5 Investors. Indicate the total number of EB5 investors associated with the NCE at the time of filing this petition. Item Number 16. Changes to NCE. Indicate whether the commercial enterprise has filed for bankruptcy, ceased business operations, materially changed the nature of the business, or had any changes in its business organization or ownership since the date of the investor’s initial investment. Also, indicate if there have been any criminal or civil proceedings against the NCE or any of its owners, officers, directors, general partners, managers or other persons with a similar interest or in a similar position of authority for the NCE involving fraud or other unlawful activity. If you answered “Yes” to Item Number 16., provide an explanation in the space provided in Part 12. Additional Information. [new] 15 Item Number 2. Termination or Debarment of Regional Center. Indicate whether your initial Regional Center was terminated or debarred. Item Numbers 3.a. - 3.b. Name and Identification Number of the Regional Center (RC). If your investment is associated with a designated regional center, provide the full legal name of the regional center and the identification number of the regional center. If your regional center was debarred or terminated and your new commercial enterprise reassociated with a new regional center, provide information about your current regional center here and use the space provided in Part 14. Additional Information to list information about your initial regional center. [Page 8] Item Number 4. Regional Center Project Application. If this petition is based on a Form I-526E petition filed on or after May 14, 2022, provide the receipt number for the Form I-956F associated with the Form I-526E petition and receipt number(s) for all amendments to that Form I-956F. If your regional center has filed an amendment to the Form I-956F establishing job creation or jobs actively in the process of being created for this petition, skip Parts 7., 8., and 10. Part 7. Information About the New Commercial Enterprise (NCE) Item Number 1. Debarment of NCE. Indicate whether your NCE was debarred. Item Numbers 2.a. - 13. Provide all requested information about the NCE. If the NCE is a holding company and its wholly owned subsidiaries, provide information about the top-level holding company in Item Numbers 1. - 12. and all wholly-owned subsidiaries, including names, and dates and jurisdiction of formation in Item Number 2.b. If your new commercial enterprise was debarred and you invested in a new commercial enterprise, provide information about your current new commercial enterprise here and use the space provided in Part 14. Additional Information to list information 16 about your initial new commercial enterprise. Iten Number 11. Address and Census Tract(s) Where the NCE is Principally Doing Business. Provide the address and census tracts where the NCE’s proposed project is located. For example, if the proposed project is to construct and operate a hotel, provide the physical address and census tract(s) where the hotel is located. Item Number 14. Changes to NCE. Indicate whether the commercial enterprise has filed for bankruptcy, ceased business operations, materially changed the nature of the business, or had any changes in its business organization or ownership since the date of the investor’s initial investment. Also, indicate if there have been any criminal or civil proceedings against the NCE or any of its owners, officers, directors, general partners, managers, or other persons with a similar interest or in a similar position of authority for the NCE involving fraud or other unlawful activity. If you answered “Yes” to Item Number 14., provide an explanation in the space provided in Part 14. Additional Information. Part 7. Information About the Job Creating Entity (JCE) Part 8. Information About the Job Creating Entity(ies) (JCE) [delete] Item Numbers 1. - 6.e. Name and Location of the JCE. Provide the full legal name of the JCE. In addition, provide the physical business address for the JCE. The physical business address should be the location of the job creating project. If there are multiple JCEs, please provide the requested information for each JCE. If you need extra space to complete this section, use the space provided in Part 12. Additional Information. Item Number 7. Changes to JCE. Indicate whether the JCE has filed for bankruptcy, ceased business operations, materially changed the nature of the business, or had any changes in its business organization or ownership since the date of the investor’s initial investment. Also, indicate if there have been any criminal or 17 civil proceedings against the JCE or any of its owners, officers, directors, general partners, managers or other persons with a similar interest or in a similar position of authority for the JCE involving fraud or other unlawful activity. If you answered “Yes” to Item Number 7., provide an explanation in the space provided in Part 12. Additional Information. Item Number 1. Debarment of JCE. Indicate whether your JCE was debarred. [new] Item Number 2. Indicate whether the JCE is comprised of a holding company and its wholly owned subsidiaries and provide the subsidiary name(s), date(s) of formation, and the jurisdiction(s) of formation. If you answered “Yes,” answer Item Numbers 3. - 13. for the holding company and complete Item Number 14. for each wholly owned subsidiary. If your job creating entity was debarred and you invested in a new job creating entity, provide information about your current job creating entity here and use the space provided in Part 14. Additional Information to list information about your initial job creating entity. Item Number 3. Legal Name of JCE (if different from the NCE). Provide the legal name of the JCE as it appears on the entity’s document of formation. Item Number 4. Other Authorized Name(s) to be Used by the JCE. Provide any other name(s) that the JCE is authorized to use or do business as (d/b/a). Item Numbers 5. Organizational Structure of the JCE. Indicate whether the JCE is a corporation, a partnership (including limited partnerships), a limited liability company, or another type of entity. If the organizational structure is different from the examples listed on the form, select “Other” and describe the nature of the organizational structure in Part 14. Additional Information. Item Number 6. Date the JCE Was Established. If the JCE has already been established, provide the date when it was established in mm/dd/yyyy format. 18 [Page 9] Item Numbers 7. - 8. State or Territory Where the JCE Was Formed and Registered. If the JCE has already been established, indicate the U.S. state or territory where the JCE was formed. List any other state or territory where the JCE is lawfully registered to operate. Item Number 9. JCE Federal Employer Identification Number. Provide the Federal Employer Identification Number of the JCE (if any). Item Number 10. JCE Mailing Address (and Physical Address when Applicable). Provide the mailing address where the JCE can receive a printed notice from USCIS. If the mailing address of the JCE is the same as the physical address, select the box indicating so. If the mailing address of the JCE is different from its physical address, provide the physical address of the JCE in the space provided in Part 14. Additional Information. Item Numbers 11. - 13. JCE Contact Information. Provide the telephone number, email address (if any), and website address (if any) for the JCE. Item Number 14. Wholly Owned Subsidiaries. If your JCE has wholly owned subsidiaries, list each subsidiary. Use Part 14. Additional Information if you need additional space. Item Number 15. Changes to JCE. Indicate whether the JCE has filed for bankruptcy, ceased business operations, materially changed the nature of the business, or had any changes in its business organization or ownership since the date of the investor’s initial investment. Also, indicate if there have been any criminal or civil proceedings against the JCE or any of its owners, officers, directors, general partners, managers, or other persons with a similar interest or in a similar position of authority for the JCE involving fraud or other unlawful activity. If you answered “Yes” to Item Number 15., provide an 19 explanation in the space provided in Part 14. Additional Information. Part 9. Information About Your Investment If you are a regional center investor complete Item Numbers 1. - 4. If you are a standalone investor, skip to Item Number 5. Item Number 1. Amounts and Dates of Your Investment. Provide the amount(s) and dates(s) of your investment in the NCE in mm/dd/yyyy format. Item Number 2. U.S. Bank Account. Indicate the total amount of money you have deposited or committed to deposit in U.S. business account(s) for the NCE, including money placed into escrow with a U.S. or foreign bank. If you have not transferred any funds to a U.S. business account for an NCE, please provide an explanation in Part 14. Additional Information. Item Number 3. Total Value of Assets Purchased. Indicate the total value of all assets purchased for use in the NCE. Item Number 4. Total Value of All Property Transferred From Abroad. Indicate the total value of all property transferred from abroad for use in the NCE. Item Number 5. Total of All Debt Financing. Indicate the total of all debt financing for which the investor is personally and primarily liable and which is secured by assets owned by the investor provided to the NCE. Any indebtedness must be documented with evidence of the investor’s ownership of the assets used to secure the indebtedness, as well as the fair market value of the investor’s ownership interest in such assets. Item Number 6. Total Stock or Other Equity Purchases. Indicate the total value of all stock or other equity purchased in the NCE. Item Number 7. Other Capital. Indicate any other capital invested or in the process 20 of being invested in the NCE. Provide an explanation for such capital in Part 14. Additional Information. [Page 10] Item Number 8. Distributions and Capital Withdrawals. Indicate whether the NCE made any distributions to any of its equity holders or had any other capital withdrawals since the date of your initial investment. If you answered “Yes” to Item Number 8., provide an explanation in the space provided in Part 14. Additional Information. Item Number 9. Total Amount of Capital Invested by EB-5 Investors. Indicate the total amount of capital that has been invested in the NCE by all EB-5 investors at the time of filing this petition. Item Number 10. Total Number of EB-5 Investors. Indicate the total number of EB5 investors associated with the NCE at the time of filing this petition. Item Numbers 11. and 12. Sustainment or Retention of Investment. If you filed your Form I-526 before March 15, 2022, indicate in Item Number 11. the amount of capital sustained in the NCE during your 2year period of conditional residency. If you filed your Form I-526 or Form I-526E on or after March 15, 2022, indicate in Item Number 12. the amount of capital investment that remained invested in the NCE for at least two years. Part 10. Information About Job Creation Part 8. Information About Job Creation Item Numbers 1.a. - 1.d. Direct Job Creation. Indicate the number of full-time direct and qualifying employees in the NCE at the time of the investor’s initial investment and also indicate how many current full-time direct and qualifying employees the NCE employed at the time of filing this petition and the difference between these two numbers. 21 Item Numbers 1.a. - 1.c. Direct Job Creation. Indicate the number of full-time direct and qualifying employees in the NCE at the time of the investor’s initial investment and also indicate how many current full-time direct and qualifying employees the NCE employed at the time of filing this petition and the difference between these two numbers. A direct and qualifying employee is an individual who provides services or labor for the NCE, who receives wages or other remuneration directly from the NCE, and who is a United States citizen, a lawful permanent resident, or other immigrant lawfully authorized to be employed in the United States. This includes, but is not limited to, a conditional resident, an asylee, a refugee, or an alien remaining in the United States under suspension of deportation. This definition does not include the investor, their spouse or children, or any nonimmigrant alien. Also, this definition does not include independent contractors. 8 CFR 204.6(e). If applicable, provide the amount of capital that was used by the NCE that was not funded by EB-5 investors. A direct and qualifying employee at the NCE is an individual who provides services or labor for the NCE, who receives wages or other remuneration directly from the NCE, and who is a United States citizen, a lawful permanent resident, or other immigrant lawfully authorized to be employed in the United States. This includes, but is not limited to, a conditional resident, an asylee, a refugee, or an alien remaining in the United States under suspension of deportation. This definition does not include the investor, their spouse or children, or any nonimmigrant alien. Also, this definition does not include independent contractors. 8 CFR 204.6(e). If applicable, provide the amount of capital that was used by the NCE that was not funded by EB-5 investors. Item Number 1.d. Non-EB-5 Investor Capital. Indicate the amount of capital invested in the NCE that was not funded by EB-5 investors. [Page 9] [delete] Item Numbers 2.a. - 2.c. Indirect Job Creation (if applicable). Indicate how many new full-time economically direct jobs, indirect jobs, and induced jobs have been created as a result of all capital investment from EB-5 investors made in accordance with the business plan presented with the Form I-526. If the petition is relying on indirect jobs, it is necessary to indicate the reasonable methodology used to calculate job creation in Part 12. Additional Information. If applicable, provide the amount of EB-5 capital from EB-5 investors that the NCE transferred to the JCEs for the job creation. In addition, provide the amount of capital that was used by the JCE that was not funded by investors who received or are seeking classification as an alien investor. Item Number 2. Total Cost of Project. Enter the total cost of the project in U.S. dollars. [new] 22 Item Number 3. Aggregate Amount of Project Costs Funded by EB-5 Capital. Enter the total cost of the investment project funded by EB-5 capital, in U.S. dollars. Item Number 4. Nature of Activity of Project. Please describe the primary nature of the project, for example “furniture manufacturing,” “construction of hotel,” or “residential apartments.” Item Numbers 3. - 4.b. Troubled Business. Indicate whether or not the investment was made or is being made into a troubled business. If the investment was made into a troubled business, list the number of full-time, qualifying positions that were maintained as a result of the investment. Also, indicate the number of full-time, qualifying positions that were created as a result of the investment. A troubled business means a business that has been in existence for at least 2 years, has incurred a net loss for accounting purposes (based on generally accepted accounting principles) during the 12 or 24month period before the priority date on the investor’s Form I-526, and the loss for that period is at least equal to 20 percent of the troubled business’ net worth prior to the loss. For purposes of determining whether or not the troubled business has existed for at least two years, successors in interest to the troubled business will be deemed to have been in existence for the same period of time as the business they succeeded. Item Numbers 6. - 7.b. Troubled Business. Indicate whether you invested in a troubled business before <insert effective date of rule>. If the investment was made into a troubled business, list the number of full-time, qualifying positions that were maintained as a result of the investment. Also, indicate the number of full-time, qualifying positions that were created as a result of the investment. A troubled business means a business that has been in existence for at least 2 years, has incurred a net loss for accounting purposes (based on generally accepted accounting principles) during the 12 or 24month period before the priority date on the investor’s Form I-526, and the loss for that period is at least equal to 20 percent of the troubled business’ net worth prior to the loss. For purposes of determining whether or not the troubled business has existed for at least two years, successors in interest to the troubled business will be deemed to have been in existence for the same period of time as the business they succeeded. [delete] Item Number 5. Job Creation Within a Reasonable Time. If ten full-time jobs for qualifying employees have not yet been created, indicate how many full-time jobs will be created within a reasonable time of the filing of this petition. [Page 11] Item Number 6. Changes to Business Plan. Indicate whether the investor made an investment and created jobs in the United States according to the business plan 23 Item Number 8. Changes to Business Plan. Indicate whether you made an investment and created jobs in the United States according to the business plan presented with the Form I-526 or associated presented with the Form I-526. If you answered “No” to Item Number 6., use the space provided in Part 12. Additional Information to provide an explanation of the changes made to the original business plan submitted with the approved Form I526. Form I-956F. If you answered “No” to Item Number 8., use the space provided in Part 14. Additional Information to provide an explanation of the changes made to the original business plan submitted with the approved Form I-526 or receipt number of any Form I-956F amendment submitted by your regional center. Item Number 9. Job Creation Within a Reasonable Time. If you filed your Form I-526 before March 15, 2022, and ten fulltime jobs for qualifying employees have not yet been created, indicate how many fulltime jobs will be created within a reasonable time of the filing of this petition. Item Number 10. Job Creation Within One Year. If you filed your Form I-526 or Form I-526E on or after March 15, 2022, and ten full-time jobs for qualifying employees have not yet been created, indicate how many full-time jobs you are actively in the process of creating within one year. Part 9. Petitioner’s Contact Information, Certification, and Signature You must sign and date your petition and, if applicable, provide your daytime telephone number, mobile telephone number, and email address. The signature of a parent or legal guardian, if applicable, is acceptable. A stamped or typewritten name in place of a signature is not acceptable. Part 10. Interpreter’s Contact Information, Certification, and Signature If you used anyone as an interpreter to read the Instructions and questions on this petition to you in a language in which you are fluent, the interpreter must fill out this section and sign and date the petition. Part 11. Contact Information, Declaration, and Signature of the Person Preparing this Petition, if Other Than the Petitioner The person who completed your petition, if other than the petitioner must sign this 24 Part 11. Petitioner’s Contact Information, Certification, and Signature You must sign and date your petition and, if applicable, provide your daytime telephone number, mobile telephone number, and email address. The signature of a parent or legal guardian, if applicable, is acceptable. A stamped or typewritten name in place of a signature is not acceptable. Part 12. Interpreter’s Contact Information, Certification, and Signature If you used anyone as an interpreter to read the Instructions and questions on this petition to you in a language in which you are fluent, the interpreter must fill out this section and sign and date the petition. Part 13. Contact Information, Declaration, and Signature of the Person Preparing this Petition, if Other Than the Petitioner The person who completed your petition, if other than the petitioner must sign this section. If the same individual acted as section. If the same individual acted as your interpreter and your preparer, then that person should complete both Part 10. and Part 11. A stamped or typewritten name in place of a signature is not acceptable. your interpreter and your preparer, then that person should complete both Part 12. and Part 13. A stamped or typewritten name in place of a signature is not acceptable. Part 14. Additional Information Part 12. Additional Information Item Numbers 1.a - 7.d. If you need extra space to provide any additional information within this petition, use the space provided in Part 12. Additional Information. If you need more space than what is provided in Part 12., you may make copies of Part 12. to complete and file with your petition, or attach a separate sheet of paper. Type or print your name and A-Number (if any) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer refers; and sign and date each sheet. Item Numbers 1. - 6. If you need extra space to provide any additional information within this petition, use the space provided in Part 14. Additional Information. If you need more space than what is provided in Part 14., you may make copies of Part 14. to complete and file with your petition, or attach a separate sheet of paper. Type or print your name and A-Number (if any) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer refers; and sign and date each sheet. … … Pages 10-11, [Page 10] [Page 11] What Evidence Must You Submit? … … A. Evidence that the investor invested or was actively in the process of investing the requisite amount of capital. Such evidence includes, but is not limited to, audited financial statements, bank statements, investment agreements or other probative evidence; A. Evidence that the investor invested or was actively in the process of investing the requisite amount of capital. Such evidence must include bank statements of the petitioner and new commercial enterprise showing the transfer of the investor's capital to the new commercial enterprise and, if applicable, from the new commercial enterprise to any job-creating entity. B. Evidence that the investor sustained their investment in the NCE throughout the period of conditional permanent residence. Examples of such evidence includes, but is not limited to, invoices and receipts, bank statements, contracts, business licenses, federal or state income tax returns or quarterly tax statements, audited financial statements or other probative evidence; B. Evidence that the investor maintained their investment in the NCE for the necessary period depending on when the investor submitted their EB-5 immigrant visa petition (Form I-526 or Form I-526E). 25 Such evidence must include all relevant Federal and State income tax returns, quarterly tax returns, and tax forms (including Form K-1, Form 941, and Form 1065) over the applicable period and may include, but is not limited to, bank statements, invoices and receipts, contracts, and business licenses. If you filed your EB-5 immigrant visa petition before March 15, 2022, this evidence must establish that you maintained your investment in the NCE for the two-year period of your conditional permanent residency. If you filed your EB-5 immigrant visa petition on or after March 15, 2022, this evidence must establish that you maintained your investment in the NCE for at least two years. C. Evidence that the investor’s investment created or can be expected to create, within a reasonable time, 10 fulltime jobs for qualifying employees. In the case of a troubled business, you must submit evidence that the NCE maintained the number of existing employees at no less than the pre-investment level during the period of your conditional permanent residence. Such evidence includes, but is not limited to, payroll records, tax documents, copies of Form I-9, or other probative evidence. If indirect job creation is claimed based upon reasonable methodologies, evidence supporting the inputs used in such methodologies includes, but is not limited to, payroll records, tax documents, invoices and receipts, purchase agreements, bank statements, or other probative evidence. C. Evidence that the investor’s investment created or can be expected to create 10 full-time jobs for qualifying employees. For standalone investors, such evidence must include payroll records and employment eligibility verification forms and may include, but is not limited to, tax documents or other probative evidence. If indirect job creation is claimed based upon reasonable methodologies, such evidence must include an updated comprehensive business plan, an updated economic impact analysis, and updated reasonable and transparent methodologies to establish job creation, and must also include evidence supporting the inputs used in such methodologies including, but is not limited to, payroll records, tax documents, invoices and receipts, purchase agreements, bank statements, or other probative evidence. If you filed your EB-5 immigrant visa petition before March 15, 2022, this evidence must establish that the jobs have been created or will be created in a reasonable period. In the case of a troubled business, you must submit evidence that the NCE maintained the number of existing employees at no less than the preinvestment level during the period of your conditional permanent residence. If you filed your EB-5 immigrant visa petition on or after March 15, 2022, this evidence must establish that the jobs have been or will be created before the third anniversary of obtaining conditional permanent resident status. 26 For regional center investors that filed their EB-5 immigrant visa petition on or after March 15, 2022, this should include evidence of ongoing association with the particular investment offering that has been amended by the regional center, which may include a copy of the Form I-956F amendment receipt notice. If the regional center does not file an amendment, then you must provide sufficient evidence of the required job creation, which may include an updated comprehensive business plan, an updated economic impact analysis, and updated reasonable and transparent methodologies and may also include evidence supporting the inputs used in such methodologies including, but is not limited to, payroll records, tax documents, invoices and receipts, purchase agreements, bank statements, or other probative evidence. [Page 13] 3. Evidence for Petitioners Filing as a Former Spouse or as a Spouse or Child Whose Investor Spouse or Parent has Died 3. Evidence for Petitioners Filing as a Former Spouse or as a Spouse or Child Whose Investor Spouse or Parent has Died Submit the following with your petition: Submit the following with your petition: A. Your former spouse’s, current spouse’s, or parent’s Permanent Resident Card (Green Card); A. Your former spouse’s, current spouse’s, or parent’s Permanent Resident Card (Green Card); B. Your former spouse’s, current spouse’s, or parent’s divorce decree or death certificate if applicable; and B. Your former spouse’s, current spouse’s, or parent’s divorce decree or death certificate if applicable; and C. Evidence listed above in “Evidence Related to the Investor’s Commercial Enterprise, Investments, and Job Creation.” C. Evidence listed above in “Evidence Related to the Investor’s Commercial Enterprise, Investments, and Job Creation.” 4. Evidence of Criminal History 4. Evidence of Criminal History If you have ever: If you have ever: A. Been arrested or detained by any law enforcement officer for any reason since becoming a conditional permanent resident, and no charges were filed, submit an original official statement by the arresting A. Been arrested or detained by any law enforcement officer for any reason since becoming a conditional permanent resident, and no charges were filed, submit an original official statement by the arresting 27 agency or applicable court order confirming agency or applicable court order confirming that no charges were filed. that no charges were filed. [Page 11] B. Been arrested or detained by any law enforcement officer for any reason since becoming a conditional permanent resident, and charges were filed, or if charges were filed without an arrest, submit an original or court-certified copy of the complete incident record. The record must show the disposition for each incident (such as a dismissal order, conviction record, or acquittal order.) B. Been arrested or detained by any law enforcement officer for any reason since becoming a conditional permanent resident, and charges were filed, or if charges were filed without an arrest, submit an original or court-certified copy of the complete incident record. The record must show the disposition for each incident (such as a dismissal order, conviction record, or acquittal order). C. Been convicted or placed in an alternative sentencing program or rehabilitative program (such as a drug treatment or community service program) since becoming a conditional permanent resident, submit an original or courtcertified copy of the sentencing record for each incident. Also, submit evidence of the completion of the sentence, such as an original or certified copy of the probation or parole record or record of the completion of an alternative sentencing program or rehabilitative program. C. Been convicted or placed in an alternative sentencing program or rehabilitative program (such as a drug treatment or community service program) since becoming a conditional permanent resident, submit an original or courtcertified copy of the sentencing record for each incident. Also, submit evidence of the completion of the sentence, such as an original or certified copy of the probation or parole record or record of the completion of an alternative sentencing program or rehabilitative program. D. Had any arrest or conviction vacated, set aside, sealed, expunged, or otherwise removed from your or their record since becoming a conditional permanent resident, submit an original or court-certified copy of the court order removing the arrest or conviction. Submit an original statement from the court that no record exists of the arrest or conviction. D. Had any arrest or conviction vacated, set aside, sealed, expunged, or otherwise removed from your or their record since becoming a conditional permanent resident, submit an original or court-certified copy of the court order removing the arrest or conviction. Submit an original statement from the court that no record exists of the arrest or conviction. NOTE: You do not need to submit documentation for traffic offenses involving no arrest where the penalties were less than a $500 fine, points on a driver’s license, or both. You must, however, submit documentation if a traffic incident involved alcohol or drugs, regardless of the penalty. NOTE: You do not need to submit documentation for traffic offenses involving no arrest where the penalties were less than a $500 fine, points on a driver’s license, or both. You must, however, submit documentation if a traffic incident involved alcohol or drugs, regardless of the penalty. Pages 12-13 [Page 12] [Page 15] DHS Privacy Notice DHS Privacy Notice DHS Privacy Notice 28 AUTHORITIES: The information requested on this petition, and the associated evidence, is collected under the Immigration and Nationality Act sections 101, 103, 203, 216A, and 237, and the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriation Act, Pubic Law No. 102395, sections 610, 106 Stat 1828, 1874 (1992) (as amended). AUTHORITIES: The information requested on this petition, and the associated evidence, is collected under the Immigration and Nationality Act sections 101, 103, 203, 216A, and 237, and the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriation Act, Public Law No. 102395, sections 610, 106 Stat 1828, 1874 (1992) (as amended). … … Page 13, [Page 13] [Page 15] Paperwork Reduction Act Paperwork Reduction Act Paperwork Reduction Act USCIS may not conduct or sponsor an information collection, and you are not required to respond to a collection of information, unless it displays a currently valid Office of Management and Budget (OMB) control number. The public reporting burden for this collection of information is estimated at 3.62 hours per response, including the time for reviewing instructions, gathering the required documentation and information, completing the petition, preparing statements, attaching necessary documentation, and submitting the petition. The collection of biometrics is estimated to require 1.17 hours. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to: U.S. Citizenship and Immigration Services, Office of Policy and Strategy, Regulatory Coordination Division, 5900 Capital Gateway Drive, Mail Stop #2140, Camp Springs, MD 20588-0009; OMB No. 1615-0045. Do not mail your completed Form I-829 to this address. USCIS may not conduct or sponsor an information collection, and you are not required to respond to a collection of information, unless it displays a currently valid Office of Management and Budget (OMB) control number. The public reporting burden for this collection of information is estimated at 4.09 hours per response, including the time for reviewing instructions, gathering the required documentation and information, completing the petition, preparing statements, attaching necessary documentation, and submitting the petition. The collection of biometrics is estimated to require 1.17 hours. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to: U.S. Citizenship and Immigration Services, Office of Policy and Strategy, Regulatory Coordination Division, 5900 Capital Gateway Drive, Mail Stop #2140, Camp Springs, MD 20588-0009; OMB No. 1615-0045. Do not mail your completed Form I-829 to this address. 29