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Can other immigrant visa petitions be paused during EB-5 conditional residence and resumed if the I-829 petition is denied?

At the beginning of the EB-5 process, foreign nationals are permitted to file other immigrant visa petitions along with Form I-526. However, after conditional permanent residency has been granted via the EB-5 process, all other immigrant visa petitions automatically become invalid and null. Therefore, any other immigrant visa petitions that the EB-5 investor filed along with Form I-526 cannot be paused if and when they are granted a conditional U.S. green card.

Naturally, this means that the other immigrant visa petitions cannot be resumed if the EB-5 investor’s I-829 petition is denied. Once the other immigration petitions are canceled, they cannot be processed and adjudicated in the future.

Filing Multiple Immigration Visa Petitions

Prospective EB-5 investors are permitted to file multiple immigration visa petitions along with Form I-526. These could include the investment-based E-2 visa, or the employment-based second preference EB-2 visa. There are also nonimmigrant visas with dual intent that prospective EB5 investors could simultaneously file, such as the H-1B visa, intended for workers in specialty occupations, or the L-1 visa, intended for intracompany transferees.

Form I-829 Denial

In the event an EB-5 investor’s I-829 petition is denied, they have the option of seeking administrative review through an authoritative institution, such as the federal court system, immigration court, or United States Citizenship and Immigration Services (USCIS). In any case, it is best to consult an experienced immigration attorney who can help the EB5 investor either pursue another EB-5 investment or maintain legal status in the United States through different means.

If their I-829 petition was denied, the EB-5 investor likely failed to prove that their investment fulfilled the necessary requirements. To be granted removal of conditions on permanent resident status, the EB5 investor must provide evidence that their investment remained at risk and created at least 10 full-time jobs within an eligible new commercial enterprise (NCE), whether directly or through a regional center.

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