Form I-829

Form I-829 Explained: Achieving Permanent Residency After EB-5 Approval

After years of waiting and a successful Form I-526 petition, you’ve finally been granted conditional permanent residency in the United States. But the journey isn’t over yet. The final hurdle is the Form I-829, Petition by Entrepreneur to Remove Conditions. This is the last step to securing your unconditional, permanent Green Card, and understanding it is crucial for every EB-5 investor.

The Purpose of Form I-829

The I-829 petition is your opportunity to prove to USCIS that you have fulfilled your end of the EB-5 bargain. Its purpose is to demonstrate that you have sustained your investment throughout your two-year conditional residency period and, most importantly, that your investment has led to the creation of at least 10 full-time jobs for U.S. workers. For a complete guide on this final step, be sure to review our page on Removing Conditions for Your EB-5 Green Card.

Key Requirements for a Successful I-829 Petition

To get your I-829 approved, you’ll need to provide comprehensive evidence of two key things:

Sustained Investment: You must show that your capital remained “at risk” in the new commercial enterprise throughout your two years as a conditional resident.

Job Creation: You must provide proof that the required 10 jobs were created. For Regional Center investors, this is often demonstrated through an economic impact report.

Timing is Everything

You must file your I-829 petition within the 90-day period immediately before the second anniversary of your conditional residency. Missing this window can have serious consequences for your immigration status, so it is essential to be proactive and work closely with your legal team to ensure a timely filing.

The Finish Line of Your EB-5 Marathon

The approval of your Form I-829 petition is the finish line of your long EB-5 marathon. It is the moment when the conditions are lifted, and you and your family become **unconditional permanent residents** of the United States. By maintaining good records and working with experienced professionals, you can navigate this final step with confidence and secure your American dream.