Document

Microsoft Word - I829-019-INS-TOC-EB5Reform-NPRM-06122026

ICR 202606-1615-007 · OMB 1615-0045 · Object 169988700.

Document Viewer [pdf]

Status: Original and derived artifacts are available for this document.

Download: pdf

Primary: pdfSource: application/pdf
Loading document viewer…
Document Metadata
File Typeapplication/pdf
File TitleMicrosoft Word - I829-019-INS-TOC-EB5Reform-NPRM-06122026
AuthorMulvihill, Timothy R
File Modified2026-07-01
File Created2026-07-01
Conversion Statecomplete
Extracted Text
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