U.S. Department of Justice
Immigration and Naturalization Service
425 I Street NW
Washington, DC 20536
March 3, 2000
EB-5 FIELD MEMORANDUM NUMBER 9: FORM I-829 PROCESSING
MEMORANDUM FOR ALL REGIONAL DIRECTORS,
ALL SERVICE CENTER DIRECTORS,
DISTRICT DIRECTORS (INCLUDING FOREIGN),
DIRECTORS, ODTF, GLYNCO AND ARTESIA
FROM:
Michael A. Pearson /s/ Dominica Gutierrez
Executive Associate Commissioner
Office of Field Operations
SUBJECT: AFM Update: Immigrant Investor Petitions – Form I-829 Adjudication
This memorandum updates the Adjudicators Field Manual (AFM) to provide guidance on the
adjudication of petitions on Form I-829, Petition by Entrepreneur to Remove the Conditions. In addition,
this memorandum provides the status of certain other EB-5 matters and reminds all Immigration and
Naturalization Service (Service) offices that the Service remains committed to having these complex
matters adjudicated by specially trained and experienced officers. The AFM is updated by adding
appendices which include a list of frequently asked questions about Form I-829, a model notice of
automatic termination of status, and four model Notices to Appear (Form I-862). These policies and
procedures are effective immediately and will be included in the AFM in the next release of INSERTS.
This memorandum reflects the complexity of certain EB-5 petitions and the INS’ commitment to
provide specialized training to Service personnel who adjudicate these petitions. All Service personnel
are reminded that the “hold” on the adjudication of certain EB-5 petitions implemented pursuant to the
March 19, 1998 field memorandum is over.
1. In Chapter 25 of the Adjudications Field Manual, section 25.2 is added to read as follows:
25.2 Removal of Conditions for Section 203(b)(5) Immigrants
(a) Commitment to Trained and Experienced Officers. All Service offices must