Removal of Conditions

QUESTION: Must an investment be completely spent before an application for removal of conditions is filed?

ANSWER:

• Per a June 2009 memo addressing Form I-829: “Primarily, USCIS is determining whether the alien has invested the requisite capital and created the requisite jobs through that investment.”
• Per a December 2009 memo: “The Form I-829 petition must demonstrate that all of the terms and conditions of the EB-5 program have been met by the alien investor in order for the conditions on his or her permanent residence to be removed.”

Source: USCIS; Taken from USCIS EB-5 Immigrant Investor Program Stakeholder Meeting on September 15, 2011