The I-829 Interview: What to Expect (If Required)

The I-829 petition to remove conditions on permanent residence is a critical step for EB-5 investors. While many applications are approved without an interview, USCIS reserves the right to request one. Understanding what an I-829 interview entails can significantly reduce investor anxiety and ensure preparedness.

When is an Interview Required?

USCIS is not required to interview every I-829 petitioner. Interviews are typically scheduled when there are specific concerns or ambiguities in the submitted documentation. Common triggers include:

• Inconsistencies between the initial I-526 petition and the I-829 evidence.
• Questions regarding the source of funds used for the investment.
• Concerns about whether the required number of jobs were actually created or are reasonably expected to be created.
• Unusual circumstances surrounding the investment or the NCE (New Commercial Enterprise).

The Purpose of the Interview

The primary goal of the interview is for the USCIS officer to verify the information provided in the I-829 application package and confirm that all requirements of the Immigration and Nationality Act (INA) have been met.

What to Bring to the I-829 Interview

Preparation is paramount. While you should bring the complete, original set of documents submitted with your I-829 petition, the interview often focuses on verifying ongoing compliance. Ensure you have:

1. Valid Identification: Your passport, Permanent Resident Card (Green Card), and any supporting travel documents.
2. Original Documentation: Original copies of financial statements, bank records, and tax returns supporting the investment.
3. Job Creation Evidence: Payroll records, W-2s, 1099s, and organizational charts demonstrating the sustained employment of qualifying employees.
4. Business Documentation: Current operating agreements, leases, and evidence of ongoing business activity.

It is highly advisable to bring your immigration attorney to the interview.

The Interview Process and Common Questions

The interview is generally professional and fact-finding. It is not an interrogation, but officers will probe areas where the documentation seemed thin or required clarification.

Questions Regarding the Investment and Capital At-Risk

Officers will want assurance that the required capital remains fully invested and "at risk." Expect questions such as:

"Can you show me the current bank statements confirming the full $800,000 (or $1,050,000) is still held by the NCE or is actively deployed?"

Be prepared to explain any changes in the investment structure since filing the I-526.

Questions Regarding Job Creation

This is often the most scrutinized area. You must demonstrate that the jobs are qualifying jobs (full-time, W-2 employees, not contractors in most cases) and that they are sustained.

• "How many employees currently work for the NCE?"
• "Provide the job descriptions for the employees you claim are full-time."
• "Are any of the counted employees family members or associated with you?" (Be prepared to show they are legitimate, arm's-length employees.)

Handling Difficult Questions

If you do not know the exact answer to a highly technical financial question, it is better to state honestly that you need to consult with your accountant or attorney rather than guessing. Maintain composure and answer truthfully based on the evidence provided.

Conclusion

While the I-829 interview is not a guarantee of denial, it signifies that USCIS requires further clarification on key aspects of your EB-5 investment. Thorough preparation, meticulous organization of documents, and having experienced legal counsel present are the best strategies to navigate this final step toward permanent residency.