Form I-829: Petition by Investor to Remove Conditions on Permanent Resident Status
Form I-829 is the petition EB-5 immigrant investors file to remove the conditions on their two-year conditional green card by proving the investment was made and the required jobs were created.
This is the genuine USCIS PDF, unmodified. Source: USCIS official page.
What is I-829?
EB-5 investors and their families first receive conditional permanent residence valid for two years. Form I-829 is the final step of the EB-5 process: it asks USCIS to remove those conditions and grant full permanent residence based on evidence that the investor sustained the qualifying investment and created the required full-time jobs for US workers.
The petition must be filed during the 90-day window immediately before the second anniversary of the date conditional residence was granted. A properly filed I-829 extends the investor’s status while USCIS decides the case, and spouses and children included as dependents are covered by the petition.
Who files I-829?
- EB-5 investors whose two-year conditional permanent residence is approaching its expiration
- Their spouses and unmarried children under 21 who received conditional residence as dependents
- Investors in both direct EB-5 projects and regional center projects
- Certain family members filing separately when the principal investor cannot include them
How to fill out I-829
- Calculate your filing window: the 90 days immediately before the second anniversary of receiving conditional resident status.
- Assemble evidence that you invested (or were actively investing) the required capital and sustained it through the conditional period.
- Document job creation, typically payroll records, tax filings, or economic analyses for regional center cases showing the required full-time positions.
- Complete the petition, listing all dependent family members, and sign it.
- Mail the package with the current fee to the USCIS address in the instructions, and keep the receipt notice, which documents your extended status.
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Frequently asked questions
What happens to my green card while Form I-829 is pending?
A timely filed I-829 automatically extends your conditional resident status while USCIS adjudicates the petition. Your receipt notice serves as evidence of continued status for work and travel; USCIS publishes the current extension rules on uscis.gov.
What if I miss the 90-day filing window?
Filing late without good cause can terminate your conditional resident status and lead to removal proceedings. USCIS may excuse late filing for good cause shown in writing, but do not count on it; calendar the window carefully.
How many jobs does my investment need to create?
The EB-5 program requires creation of full-time jobs for qualifying US workers, generally ten per investor. How jobs are counted differs between direct investments and regional center investments, so review the current program rules on uscis.gov.