Form I-829

Petition by Investor to Remove Conditions on Permanent Resident Status

Filed by EB-5 investors to remove the conditions on their conditional Green Card by demonstrating the investment was sustained and jobs were created.

Filing Fee

$3,750

Processing Time

24 to 52 months

Who Files

EB-5 immigrant investors who received conditional permanent residency and need to remove conditions.

What is Form I-829?

Form I-829 is filed by EB-5 immigrant investors to remove the conditions on their two-year conditional permanent resident status. The investor must demonstrate that the required capital investment was made and sustained, and that the investment created or will create at least 10 full-time jobs for qualifying U.S. workers. This petition must be filed within the 90-day period before the second anniversary of the investor's admission as a conditional permanent resident.

Key Points

Must be filed within 90 days before the conditional Green Card's 2-year expiration

Must demonstrate the investment was sustained throughout the conditional residency period

Must show that 10 or more full-time jobs were created or will be created within a reasonable time

Filing receipt extends conditional resident status for 24 months

Regional center investors can count indirect and induced jobs through economic methodology

Frequently Asked Questions

QWhat evidence is needed for I-829?

Key evidence includes proof that the commercial enterprise was established and maintained (business licenses, tax returns, financial statements), documentation that the full investment amount was deployed and at risk, and evidence of job creation (payroll records, W-2s, tax documents, or economic impact reports for regional center projects showing indirect job creation).

QWhat happens if the jobs have not been created yet?

USCIS may approve the I-829 if the investor can show that the required number of jobs will be created within a reasonable period. For regional center projects, an economist's report demonstrating expected indirect and induced job creation through a recognized economic methodology (such as RIMS II or IMPLAN) is typically sufficient.

QCan I-829 be denied?

Yes, I-829 can be denied if the investor fails to demonstrate that the investment was sustained, the capital was at risk, or the required jobs were created. Denial results in termination of conditional resident status, and the investor may be placed in removal proceedings. However, the investor can appeal or seek judicial review.

Practical Tips

Maintain detailed records of the investment, business operations, and job creation throughout the conditional period

File the I-829 as soon as the 90-day filing window opens to avoid gaps in status

For regional center investments, ensure the project administrator can provide updated job creation reports and economic analysis

Related Forms

Form I-526E

Immigrant Petition by Alien Investor

Filed by foreign investors to establish eligibility for permanent residency through the EB-5 Immigrant Investor Program.

Form I-485

Application to Register Permanent Residence or Adjust Status

Filed by individuals already in the U.S. to adjust their status to permanent resident (Green Card).

Form I-765

Application for Employment Authorization

Filed to request an Employment Authorization Document (EAD) for work permission in the U.S.

Related Visa Types

EB-5 Visa

EB-5 Immigrant Investor Visa

Green Card through investment of $800,000 or $1,050,000 in a U.S. commercial enterprise that creates jobs.

Green Card

U.S. Permanent Resident Card

Permanent residency in the United States, granting the right to live and work permanently.

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