Form I-829 EB-5: the petition to remove green card conditions after 2 years and evidence of job creation

Form I-829 EB-5 is the petition to remove the conditions on US permanent resident status for investors who received a conditional green card through theVisa EB-5. Its full name, according toU.S. Citizenship and Immigration Services (USCIS), is the Petition by Investor to Remove Conditions on Permanent Resident Status.

Within the entireoverall EB-5 process, filing the I-829 is the final and most important step. I-829 approval decides whether the investor and family move from 2-year conditional permanent residence to 10-year permanent residence. A poorly prepared I-829 petition can lead to termination of permanent resident status and removal proceedings, especially where the EB-5 project has not met the job creation requirement.

When Form I-829 EB-5 is used

Form I-829 EB-5 only applies to people granted conditional permanent resident status by USCIS on the basis of an investment in a new commercial enterprise (NCE). According tothe official USCIS page on Form I-829, this status is granted after the I-526 or I-526E is approved and the investor then completes one of two processes: a consular interview for an immigrant visa, or adjustment of status (AOS) through an I-485.

The filing window is the 90 days immediately before the second anniversary of the conditional green card. According to USCIS, this anniversary is counted from the date of entry into the United States on the immigrant visa (for Consular Processing) or the date the I-485 was approved (for AOS), not from the date the I-526 was filed or approved.

The 90-day rule is strict. Petitions filed more than 90 days before the expiry date will be rejected and must be refiled within the correct window. Petitions filed after the expiry date leave the investor without permanent resident status, which can lead to removal proceedings. USCIS only accepts late filing in special circumstances with good cause, accompanied by a written explanation and a request for an extension.

Who files and dependants

The principal investor files Form I-829 EB-5 and includes their spouse and unmarried children under 21 in the petition. All family members who received conditional green cards based on their relationship to the investor depend on the outcome of the I-829.

A special case: if the principal investor dies during the 2-year conditional residence period, a spouse or child who already holds a conditional green card can still file the I-829 themselves to keep permanent resident status. This petition must include proof of the relationship and the death certificate.

To add a new dependant (for example, a child born after immigrating or a marriage after the conditional green card was granted), the investor must contact the Immigrant Investor Program Office (IPO) directly by email with the subject “Request to Add Dependent to Form I-829”. Since 23/05/2024, USCIS has stopped accepting requests to add dependants by post.

Evidence to include with the petition

The evidence package filed with Form I-829 EB-5 decides the outcome of adjudication. According toUSCIS Policy Manual guidance on removing EB-5 conditions, the investor must prove three core requirements at the same time.

Requirement 1 — The capital was disbursed and kept at risk

The evidence must show that the investor disbursed the full required capital ($800,000 USD for a TEA or $1,050,000 USD outside a TEA) into the NCE, and that the capital was kept “at risk” throughout the sustainment period.

Documents usually filed include: bank statements for the relevant periods, the Subscription Agreement, the Limited Partnership Agreement, annual Schedule K-1s issued by the NCE to the investor, the NCE’s financial statements, and evidence that the capital was used for its intended business purpose.

Requirement 2 — Creating and sustaining 10 jobs

For Direct petitions (linked to an I-526), job creation evidence consists of 10 full-time positions actually filled by the NCE. Documents include employment contracts, W-2 forms, I-9 forms, payroll statements and timesheets for each employee over 2 years.

For Regional Center petitions (linked to an I-526E), the evidence is based on an updated Economist Report provided by the regional centre, using an economic model (RIMS II or IMPLAN) to calculate direct, indirect and induced jobs. The petition must include evidence that construction and operating expenditure actually took place as projected.

According to the USCIS Policy Manual, even if some positions no longer exist when the I-829 is filed, the requirement is still considered met if the jobs were created with the expectation of lasting at least 2 years and were not seasonal, temporary or intermittent positions.

Requirement 3 — Compliance with residence conditions and criminal record

The investor must prove they maintained actual residence in the United States (substantial presence) and did not breach the rules of permanent resident status. Documents include proof of residential address, US tax records for 2 years, travel history, and criminal records from the United States and any country where they lived for more than 6 months.

Pre-RIA vs post-RIA differences in the sustainment period

An important point for investors to understand is the difference in the sustainment period between pre-RIA petitions (I-526 filed before 15/03/2022) and post-RIA petitions (I-526 or I-526E filed from 15/03/2022 onwards).

For pre-RIA investors, the capital must be kept at risk throughout the 2-year period of conditional residence. This is the old rule that applies to all I-526 petitions filed before the RIA took effect.

For post-RIA investors, under a USCIS update of 11/10/2023, the “2 years at risk” is counted from the date the investor completes the capital disbursement and files the I-526 or I-526E, not from the date the conditional green card is received. This is a considerable advantage because in many cases, by the time the I-829 is filed, the investor met the sustainment requirement several years earlier and can start getting the capital back from the project without affecting the petition.

EB-5 Reform and Integrity Act 2022 (RIA)also added INA 203(b)(5)(M), which protects good-faith investors where a regional centre’s designation is terminated or the project runs into problems. This provision applies to both pre-RIA and post-RIA investors in defined circumstances.

Fees and filing method

The filing fee for Form I-829 EB-5 is currently $3,750 USD, following the adjustment after the federal court ruling of November 2025. This fee applies to the investor’s main petition and covers the spouse and children filing together.

USCIS requires electronic payment via Form G-1450 (credit/debit card) or G-1650 (ACH transfer from a US bank account). Paper petitions are sent to the lockbox address in Dallas, Texas or Lewisville, Texas depending on the delivery service.

Besides the filing fee, investors should budget for biometrics fees of about $85 USD per person for the whole family, plus legal advisory fees for preparing the petition. I-829 petitions with complex financial and job evidence usually require an immigration lawyer experienced in EB-5.

Adjudication time and automatic extension

Once USCIS accepts the petition, the investor receives an I-797C (Receipt Notice) within 2–4 weeks. This notice is extremely important because it serves two legal functions at once.

First, the I-797C automatically extends the conditional permanent resident status of the investor and family by 48 months from the expiry date on the current green card. During this period, the investor keeps the full rights of a permanent resident: working, travelling internationally, owning property and starting a business.

Second, the I-797C serves as proof of permanent resident status when the investor travels internationally or presents it to an employer. When travelling abroad, the investor must carry both the expired green card and the original I-797C to re-enter the United States.

According to 2026 USCIS data, I-829 adjudication takes between 10 and 30 months, averaging about 30 months for 80% of petitions. This is a significant improvement on the 41–54 months of 2024. Some complex cases can take 36–48 months if USCIS issues an RFE or NOID about the investment capital or job creation.

Common mistakes when filing an I-829

According to USCIS trend data and the experience of EB-5 immigration lawyers, these are the five most common groups of mistakes leading to RFEs or denials.

First, filing outside the 90-day window — the most serious mistake, and almost impossible to fix. Investors should set an exact reminder 90 days before the anniversary of their conditional green card.

Second, not including all dependants — a spouse and children who hold conditional green cards must be listed in the main I-829 petition. Leaving someone out causes that family member to lose permanent resident status.

Third, missing or unconvincing job creation evidence — especially for Regional Center petitions, the updated Economist Report must match the project’s actual spending. USCIS may request invoices and detailed financial records for verification.

Fourth, capital not sustained for the full sustainment period — especially for pre-RIA petitions. Investors need to be careful about receiving capital back from the project before meeting the required period.

Fifth, excessive international travel history, raising doubts about maintaining actual residence in the United States. Continuous absences of more than 180 days can raise questions about domicile.

After Form I-829 EB-5 is approved

When USCIS approves the petition, the investor and the whole family receive an unconditional green card valid for 10 years and renewable indefinitely. This is the official end of the EB-5 roadmap.

When the I-829 is approved, the investor has held US permanent resident status for at least 2 years from the date the conditional green card was received. Adding the I-829 adjudication time, total permanent residence usually reaches 4–5 years. Under naturalisation rules, the investor can apply for naturalisation (Form N-400) 5 years after receiving the first conditional green card, provided they meet the physical presence and domicile test requirements.

The I-829 petition is the final milestone but also the riskiest one in the entire EB-5 journey. For Vietnamese investors, I-829 preparation should be planned from the moment the conditional green card is received, not left until months 21–24. Closely following project progress, keeping every annual Schedule K-1, and working closely with the regional centre to get an updated Economist Report are the three factors that decide the petition’s success rate.