Renewing an Expired EB-5 Visa for Investors: What You Need to Know

Renewing an Expired EB-5 Visa for Investors

After years of waiting, your EB-5 immigrant visa is finally approved. You pack up your belongings, say goodbye to friends and family, and make the big move to America. The endless paperwork and financial investment was all worth it to finally call the United States your new home.

But what if, after a few years of living and working in the U.S., you discover your EB-5 visa is about to expire? Panic starts to set in as you face the possibility of having to uproot the new life you’ve established.

As an EB-5 investor, it’s essential to understand the visa renewal process to avoid any lapses in your legal status. This guide will walk you through everything you need to know about renewing an expired EB-5 visa to continue living and working legally in the U.S.

We’re an award-winning law firm with 50+ years of experience in immigration law. Talk to a top San Diego immigration attorney today at Feldman Feldman & Associates PC by calling 1-619-299-9600. We help clients throughout all 50 United States and other countries.

Overview of the EB-5 Visa Renewal Process

The EB-5 immigrant visa allows foreign investors and their immediate family members to gain permanent U.S. residency by investing at least $800,000 in a new business that creates American jobs.

EB-5 green cards are initially valid for two years. Within the 90 days before your permanent residency expires, you must file Form I-829 to remove the conditions and convert your conditional green card to permanent residency.

If the conditions are removed, your green card remains valid for 10 years. You can then renew your green card to continue living and working permanently in the U.S.

However, if the conditions are not removed in time, your EB-5 visa and green card will expire. At that point, you must file Form I-829 to renew your visa and regain legal status.

When to Start the EB-5 Visa Renewal Process

Don’t wait until the last minute to renew your EB-5 visa. File Form I-829 as early as possible within the 6 months before your visa expires.

Processing times for EB-5 visa renewals can vary greatly. USCIS currently estimates I-829 processing to take 10.5 to 33 months. Filing your petition early provides peace of mind that your renewal will be approved in time.

If your EB-5 visa has already expired, USCIS allows for late filings within 12 months after the expiration date. However, any gap between the expiration date and approval of your I-829 petition will be counted as unlawful presence in the U.S.

This could trigger a 3 or 10-year bar from re-entering the country once you depart, so prompt visa renewal is always safest.

Eligibility Requirements for EB-5 Visa Renewal

To qualify for EB-5 visa renewal, you must meet all of the following requirements:

You initially obtained lawful permanent resident status through the EB-5 visa program.
You filed Form I-829 on time but your petition is still pending past your visa expiration date.
You have maintained continuous U.S. residence since arriving on your EB-5 visa.
You are otherwise admissible to the United States.

Essentially, your visa renewal ensures you do not face penalties for visa expiration due to USCIS processing delays with your I-829 petition.

What to Include in Your I-829 Application

Your EB-5 visa renewal application must include:

Form I-829 – Petition for Action on an Approved Application or Petition
Copy of Form I-797 receipt notice – For your approved I-526 petition
Copy of your conditional permanent resident card
Proof of maintained U.S. residence – Such as tax returns, employment records, utility bills, or bank statements.
Updated personal information – Including any name, address, or marital status changes.
Proof that the investment funds remain invested in the project..
Proof that at least 10 jobs were created per investor (or that the Regional Center followed its business plan and invested the EB-5 funds as promised).
Proof that the EB-5 project followed its business plan and used the investment funds properly.

Ensuring your petition includes all required documents will help avoid unnecessary USCIS Requests for Evidence that can delay processing.

After Filing Form I-829 to Renew Your EB-5 Visa

Once your I-829 petition is received by USCIS, you will be sent:

A receipt notice containing your case number
An ASC biometrics appointment notice

At your biometrics appointment, your fingerprints and photo will be taken to confirm your identity and perform background checks.

After your biometrics are processed, you enter the phase where USCIS officers review your petition. They will determine if you still qualify for lawful permanent resident status through the EB-5 program.

If approved, you will be issued a new conditional green card valid for two more years. From there, you must once again file Form I-829 to remove the conditions and convert to 10-year permanent residency.

Avoiding Issues After Your EB-5 Visa Expires

While your EB-5 visa renewal petition is pending, it is essential to maintain valid immigrant status in the U.S.

Always carry your expired green card, I-797 receipt notice, and I-829 receipt notice to verify your renewal is in process. These documents will protect you from penalties for an expired green card.

Finally, promptly notify USCIS of any changes in your personal information, such as a new address. Having updated contact information will prevent delays in receiving important notices related to your case.

Choosing the Right Immigration Attorney

Navigating the EB-5 visa renewal process is complex. To ensure timely and successful renewal, it helps to have an experienced immigration attorney on your side.

When researching attorneys, look for these important qualifications:

Expertise with business immigration – A history of serving EB-5 investors and entrepreneurs.
High EB-5 visa approval rate – A track record of positive outcomes for clients.
Responsive communication – Clear and prompt responses to explain the process.
Individualized guidance – Advice tailored specifically to your situation.
Respect and compassion – Treating you like a person, not just a case number.

The right immigration lawyer will handle every detail of your EB-5 visa renewal to give you peace of mind about your immigration status and future in the U.S.

Conclusion: EB-5 Visas Renewal with an Attorney

While a visa expiration can be stressful, understanding the EB-5 renewal process in advance goes a long way. Submit Form I-829 promptly, comply with requests from USCIS, and work with a trusted immigration attorney.

With the proper strategy, investors can renew their conditional green cards and continue living in the United States for the long term.

Frequently Asked Questions About EB-5 Visa Renewal

How long is an EB-5 visa renewal application valid for?

If approved, the EB-5 visa renewal extends your conditional permanent resident status for another 2 years. You must file Form I-829 again before expiration.

Can I still work while my EB-5 visa renewal is pending?

Yes, your expired green card and I-829 receipt notice are enough proof of your renewal application to maintain employment authorization.

What if my EB-5 visa expired more than 12 months ago?

USCIS cannot approve visa petitions filed more than 12 months after expiration. At that point, you would need to restart the green card process from the beginning.

What happens if my I-829 petition is denied before my EB-5 visa expires?

If your conditions are not removed, your status is terminated. You cannot renew an EB-5 visa that was already cancelled before expiration.

How long do I have to wait for my EB-5 visa renewal application to be approved?

Current I-829 processing times range from 10.5 to 33 months. However, USCIS may expedite requests in some cases to prevent gaps in legal status.