You need to file your request using the form I-829.
The petition must contain facts demonstrating that [8 C.F.R. §216.6(a)(4)] the CR invested or was actively investing the required capital.
The CR must sustain the enterprise and investment.
For example, it should include bank statements, invoices, receipts, contracts, business licenses, and tax returns. Additionally, include quarterly statements showing the requirements. These should show that they “substantially met the capital investment requirement of the statute;
They must consider the reasons for the delay in creation not contemplated in the original I-526.
USCIS believes that they can use I-9s to determine whether the employees qualify.
If it is based upon preserving jobs in a troubled business, the regulations require a showing. Specifically, the investor must have maintained the number of existing employees.
Even if USCIS denies the petition, it must still provide a temporary I-551 in CR’s passport or Form I-94. This will be with a temporary I-551 pending a final order of removal.
Yates & Cuddihy, supra.
Therefore, consider these factors carefully when filing the I-829.
Change in TEA status: If the investor made a $500,000 investment based upon investment in a targeted employment area and received CR status, the approval of the request via I-829 will not be affected. This is true if the TEA status of the area ceased to be an area of high unemployment or a rural area before filing.
(i) the capital investment structure of the enterprise;
(ii) the determination that it is a “new” commercial enterprise;
(iii) the indirect/direct methodology for job creation in regional center cases;
(iv) the reduced capital investment for a TEA; and
For example, there may be evidence of fraud or misrepresentation in the record of proceeding.
USCIS’s initial position was that a material change from the originally filed I-526 barred the Service from approving the I-829. However, this position is currently under reconsideration. As of the publication of this edition, it appears that USCIS will adjudicate the application even if it contains a material change. They will determine whether it is otherwise in compliance with the statute and regulations. If in compliance despite the material change, they will approve the I-829 petition.
Adjustment of Status to LPR under Different Category: USCIS has not established regulations permitting Adjustment of Status under a separate category while in CR investor status.
However, the applicable law for CR marriage-based status allows Adjustment of Status through a separate marriage upon withdrawal of CR status, related to the I-829 process.