Questions and Answers: Documentation for I-829 to Prove Indirect Jobs Using Expenditure Model

Question: What documentation is required at the I-829 stage to prove indirect jobs with an expenditure model? What if some of the foundation facts on which the economic report was based have occurred and others have not?

Response: The determination regarding whether the investor has met the job creation requirements will be established by a review of the required initial evidence at 8 CFR 216.6(a)(4) for the Form I-829 petition. Investors must show at the time of the removal of conditions that they performed the activities described in the approved Form I-526 petition, and the economic analysis of the activities must be based upon the associated approved regional center methodology for demonstrating job creation.

An investor’s I-829 petition to remove the conditions which was based on such a project within an approved I-526 petition involving the crediting of jobs based on a capital expenditure econometric model needs to be supported by evidence showing that the funds were expended in the job-creating activities outlined within the Form I-526.

The impacts on the ultimate outcome of a given I-829 in the event that some of the foundation facts on which the economic report was based have occurred and others have not are dependent on the specific fact pattern of the case.

Taken from USCIS Quarterly EB-5 Stakeholders Meeting on June 30, 2011