is generally satisfied through the initial deployment of capital resulting in the creation of the required number of jobs.
- Second, further deployments must occur within the framework of the initial bases of eligibility. This means that a deployment must be within the same new commercial enterprise, the same regional center, and the same regional center’s approved geographic area to include any amendments expanding the regional center’s geographic area approved before the further deployment.
- Third, it must be consistent with the purpose of the new commercial enterprise to engage in the ongoing conduct of lawful business.
- Finally, further deployments must occur within a reasonable amount of time, which is generally considered 12 months. We may consider longer periods as reasonable under the totality of circumstances when there is supporting evidence.
I-829 SEPARATE DECISIONS
- Moving on to the topic of I-829s, we implemented a separate decision functionality in July, allowing IPO to process a principal petitioner’s I-829 petition separately from their associated family member’s, or derivative’s petition.
- In routine adjudication of the I-829, when the petitioner has established eligibility, IPO approves the petitioner first because the derivatives’ eligibility is based upon the petitioner. In the past, if required information for a derivative was missing, we would wait to issue a decision on the petitioner’s eligibility until we resolved concerns about the missing information for the derivatives.
- With this updated functionality, IPO officers can approve the principal petitioner’s Form I-829, while holding the adjudication of the petition’s associated derivatives when there is missing information or other action is needed before they can make a final determination.
- IPO uses this new functionality if a derivative associated with an approvable I-829 is missing, for example:
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