EB-5 Condition Removal Interviews

USCIS is beginning to randomly interview EB-5 investors who have submitted I-829 condition removal petitions. Under current law, USCIS is required to interview I-829 petitioners, but it also has the authority to waive those interviews. Until this year, USCIS has not interviewed any I-829 petitioners.

Now, as a result of the Government Accountability Office recommendation last year, USCIS is beginning to interview some — not all — petitioners. These interviews will take place remotely — with the interviewer located at the USCIS Investor Immigration Program Office in Washington, D. C. The purpose of the interviews is primarily to detect whether the investor or the Regional Center has engaged in any fraudulent conduct and whether the recruiting agent participated in any illegal activity (this is particularly targeted at Chinese migration consultants and agents). Specifically, the interviews will deal with several issues:

1. Did the initial investment proposal offered differ from the actual investment?
2. Was the full investment made and whether it remains at risk in the project?
3. Was the investor asked to recruit other investors as a condition of receiving profits on their investment?
4. Was the investor promised a return on his investment?

The petitioners are not expected to know the intricacies of the project. However, they should be in a position to discuss their investment process.

If you have any questions, please feel free to contact us.