Earlier today, the USCIS Policy Manual was updated regarding the documentation of conditional permanent resident (CPR) status for employment-based fifth preference (EB-5) immigrants. The full Policy Alert is available here:
Volume 6: Immigrants, Part G, Investors, Chapter 5, Removal of Conditions (Final date for comments: May 15, 2018)
Detailed Analysis Coming Soon
From the Policy Alert
SUBJECT: Documentation of Conditional Permanent Resident Status for Immigrant Investors with a Pending Form I-829
Purpose
U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in Volume 6, Part G of the USCIS Policy Manual regarding the documentation of conditional permanent resident (CPR) status for employment-based fifth preference (EB-5) immigrants.
Background
Upon adjustment of status or admission to the United States, immigrant investors and their derivative family members receive CPR status for a 2-year period.1 To become lawful permanent residents without conditions, immigrant investors must properly file a Petition by Entrepreneur to Remove Conditions on Permanent Resident Status (Form I-829). Once USCIS receives a properly filed Form I-829, USCIS automatically extends the immigrant’s CPR status for 1 year, with opportunities for further extension, until the Form I-829 is adjudicated or a final order of removal is issued. 2 This guidance, contained in Volume 6 of the Policy Manual, reaffirms guidance previously found in Chapter 25.2 of the Adjudicator’s Field Manual (AFM) and not yet published in the USCIS Policy Manual. The guidance contained in the Policy Manual is controlling and supersedes any prior guidance.
Policy Highlights
- Reaffirms that USCIS provides immigrant investors documentation of CPR status until the Form I-829 is adjudicated or a final order of removal is issued.
Citation
Volume 6: Immigrants, Part G, Investors, Chapter 5, Removal of Conditions [6 USCIS-PM G.5].
