Form I-829 is the Petition by Investor to Remove Conditions on Permanent Resident Status. EB-5 investors who received a conditional green card (valid for 2 years) must file Form I-829 to remove the conditions and obtain unconditional permanent residence. It is the final step in the EB-5 green card process.

Form I-829 Guide 2026: EB-5 Conditions Removal

Q: When should I file Form I-829?

You must file Form I-829 during the 90-day period before your conditional green card expires. If your conditional residence was granted for 2 years, you file within the 90-day window before the 2-year anniversary. Filing too early (before the 90-day window) or too late (after the card expires) can create serious problems.

Q: What evidence do I need for I-829?

You must demonstrate that your investment was made and sustained throughout the conditional residence period, the investment created (or is in the process of creating) the required number of jobs (typically 10 full-time jobs for direct investments, or the equivalent for regional center investments), and the investment capital was placed at risk for the purpose of generating a return. Evidence includes tax returns, financial statements, payroll records, employee lists, and business records.

Q: What happens if jobs have not been fully created yet?

If the required jobs have not been fully created by the time you file I-829, you may still be able to demonstrate that the jobs are in the process of being created and that the commercial enterprise has a credible plan to create them within a reasonable time. For regional center investments, indirect and induced jobs are counted using economic methodology. Consult an experienced EB-5 attorney if your project has not yet created all required jobs.

Q: Can my I-829 be denied?

Yes. Common reasons for denial include failure to demonstrate that the required jobs were created or are being created, evidence that the investment capital was withdrawn or not sustained, fraud or misrepresentation in the original EB-5 petition or the I-829, and failure to demonstrate that the capital was at risk. If I-829 is denied, USCIS may initiate removal proceedings, and you could lose your permanent resident status.

Q: How long does I-829 processing take?

I-829 processing times have historically been lengthy, often exceeding several years. Check the USCIS processing times page at egov.uscis.gov/processing-times for current estimates. While your I-829 is pending, your conditional resident status is automatically extended, and USCIS will issue a receipt notice that serves as evidence of your continued legal status.

What Is Form I-829?

Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, is the final step in the EB-5 immigrant investor program. When EB-5 investors receive their green cards, they are initially granted conditional permanent residence for a two-year period. Before that two-year period expires, the investor must file Form I-829 to prove they met the program requirements — specifically, that the investment was made and sustained, and that the required jobs were created or are being created.

If USCIS approves the I-829, the conditions are removed and the investor receives unconditional permanent resident status — a "regular" green card valid for 10 years (renewable). If the I-829 is denied, the investor and their derivative family members (spouse and unmarried children under 21) may lose their permanent resident status and face removal proceedings.

The stakes with I-829 are high. By the time an investor reaches the I-829 stage, they have typically invested hundreds of thousands of dollars and waited years through the EB-5 process. A denial means potentially losing both the investment and the green card. This is why careful preparation and documentation are critical.

When to File Form I-829

The filing window for I-829 is specific and important:

File within the 90-day window before your conditional green card expires. Your conditional green card is valid for exactly 2 years from the date conditional residence was granted. The I-829 must be filed during the 90-day period before that 2-year anniversary. For example, if your conditional residence was granted on June 15, 2024, your filing window opens on March 17, 2026, and your card expires on June 15, 2026.

Do not file too early. Filing before the 90-day window may result in USCIS rejecting the petition.

Do not file late. Filing after your conditional card expires can result in loss of status. If you have a legitimate reason for late filing, consult an immigration attorney immediately — there may be limited options, but they are time-sensitive.

What You Must Prove

The I-829 petition must demonstrate three core requirements:

1. The Investment Was Made and Sustained

You must show that the required investment capital was actually invested in a new commercial enterprise and remained invested (at risk) throughout the conditional residence period. Evidence includes the commercial enterprise's federal tax returns for all relevant years, audited financial statements or annual reports, bank statements showing the investment capital flow, articles of incorporation, partnership agreements, or operating agreements, and evidence of any additional capital contributions made during the conditional period.

2. The Required Jobs Were Created

The EB-5 program requires the creation of at least 10 full-time jobs for qualifying U.S. workers. How job creation is documented depends on the type of investment:

Direct investments: For investors who invested directly in their own enterprise (not through a regional center), you must show that 10 or more full-time positions (35+ hours per week) were created for U.S. workers. Evidence includes payroll records, tax documents (Forms W-2, I-9), employee lists with job titles and hours, and relevant tax returns showing employment expenses.

Regional center investments: For investors who invested through a USCIS-designated regional center, job creation includes direct, indirect, and induced jobs. These are typically demonstrated through economic impact studies and methodologies (such as input-output models like RIMS II or IMPLAN) provided by the regional center. The regional center should provide supporting documentation showing the job creation calculations.

3. Capital Was at Risk

You must demonstrate that the investment capital was genuinely placed at risk for the purpose of generating a return on the investment. USCIS looks for evidence that the capital was not merely deposited in an escrow account, that the investor did not receive guaranteed returns or redemption agreements, and that the commercial enterprise was a legitimate operating business.

How to File Form I-829: Step by Step

Step 1: Calculate your filing window. Determine the exact 90-day window before your conditional green card expires. Mark these dates on your calendar well in advance.

Step 2: Gather evidence. Start collecting documentation months before the filing window opens. This includes all financial records of the commercial enterprise, job creation evidence (payroll, tax records, economic studies), your personal tax returns for the conditional period, evidence that the investment has been sustained, and if applicable, documentation from your regional center.

Step 3: Complete Form I-829. Download the current form from the USCIS website. The form asks for details about the commercial enterprise, the amount invested, the jobs created, and your continued residence in the U.S. Include all derivative family members (spouse and children under 21) on the petition.

Step 4: Pay the filing fee. Check the USCIS fee schedule for the current I-829 filing fee, which is substantial. There is also a biometrics fee. Fee waivers are not available for I-829.

Step 5: Submit the petition. Mail the completed I-829, filing fee, supporting evidence, and copies of your conditional green card to the USCIS address specified in the form instructions. Use a trackable mailing method.

Step 6: Receive receipt and extension. USCIS will issue a receipt notice (I-797C) that automatically extends your conditional resident status for a specified period while the I-829 is pending. This receipt, combined with your expired conditional green card, serves as evidence of your continued lawful status.

Step 7: Attend biometrics appointment. USCIS will schedule you and your family members for a biometrics appointment at a local ASC.

Step 8: Respond to any RFE. If USCIS needs additional evidence, they will issue a Request for Evidence. Respond thoroughly and within the deadline. An incomplete or late RFE response can result in denial.

Processing Times and Status While Pending

I-829 processing times have historically been among the longest of any USCIS form, often exceeding several years. Check the USCIS processing times page for current estimates.

While your I-829 is pending, your conditional resident status is automatically extended. You can continue to live and work in the United States, travel internationally (carry your receipt notice and expired conditional green card when traveling), and enjoy the rights of a permanent resident. Your derivative family members are also protected during this period.

Common Reasons for I-829 Denial

Job creation shortfall. The most common issue. If the commercial enterprise has not created 10 full-time jobs and cannot demonstrate they are in the process of being created, the petition may be denied.

Investment capital withdrawn or not sustained. If you withdrew your investment before the conditions were removed, or if the enterprise returned your capital, USCIS will deny the petition. The capital must remain at risk throughout the conditional period.

Regional center issues. If the regional center was terminated by USCIS, lost its designation, or if the project failed in ways that undermine the job creation claims, these issues can affect your I-829.

Fraud or misrepresentation. If USCIS discovers that the original I-526 petition (or any subsequent submission) contained false information, the I-829 will be denied.

Source of funds issues. While source of funds is primarily scrutinized at the I-526 stage, USCIS can revisit this at the I-829 stage if new evidence of unlawful source of funds emerges.

I-829 for Regional Center Investors

If you invested through a regional center, the I-829 process has some unique considerations. The regional center should provide you with an economic impact report, an updated business plan showing the status of the project and job creation, financial documents for the new commercial enterprise and any job-creating entity, and a certification of the regional center's continued designation by USCIS.

Do not rely solely on the regional center's documentation. Work with your own immigration attorney to verify the evidence is complete and accurate. Some regional center projects have failed or underperformed, and investors have been left without adequate evidence for their I-829 petitions. Due diligence at this stage is essential.

Frequently Asked Questions

What is Form I-829?

Form I-829 is the Petition by Investor to Remove Conditions on Permanent Resident Status. EB-5 investors who received a conditional green card must file I-829 to remove the conditions and obtain unconditional permanent residence. It is the final step in the EB-5 process.

When should I file Form I-829?

File within the 90-day window before your conditional green card expires. Your conditional card is valid for 2 years from the date conditional residence was granted. Filing too early or too late can create serious problems.

What evidence do I need for I-829?

You must demonstrate the investment was made and sustained, the required jobs were created (or are being created), and the capital was placed at risk. Evidence includes tax returns, financial statements, payroll records, employee lists, and business records.

What happens if jobs have not been fully created yet?

You may still qualify if you can demonstrate jobs are in the process of being created and the enterprise has a credible plan. For regional center investments, indirect and induced jobs count. Consult an EB-5 attorney if your project has not met the job requirement.

Can my I-829 be denied?

Yes. Common reasons include failure to create required jobs, investment capital withdrawn or not sustained, fraud, and regional center issues. Denial can lead to removal proceedings and loss of permanent resident status.

How long does I-829 processing take?

Processing times have historically been lengthy. Check USCIS processing times for current estimates. Your conditional status is automatically extended while I-829 is pending.

📚 Related Guides

→ EB-5 Investor Visa Guide → Adjustment of Status Guide → Green Card Guide

Last verified: April 2026 · Reviewed by USImmigrationLaw.Today editorial team.

This guide is for informational purposes only and does not constitute legal advice. Consult a licensed U.S. immigration attorney for guidance on your individual case.