Step 7 — Request for Removal of Visa Conditions

21-24 months after entry in the U.S., your attorney must file an application for removal of conditions I-829 on your visa. Your attorney and Regional Center must provide documentation that your investment has been maintained and that the necessary number of jobs have been created.

If all EB-5 visa obligations have been met, the conditional status of your visa will be removed.

A word of caution—failure to prove either of the above will result in a denial of the I-829 and this denial cannot be appealed. There are some things an attorney can do, however Immigration may or may not respond. This is why it is imperative that you understand all the risks and why it is very important that you understand the job creation methodology used by your chosen Regional Center. As we said early on, ask as many questions and simply do not rely on your agent, or attorney.

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