If you received your green card through the EB-5 investor program, it is conditional for the first two years. To make your permanent residency official, you must file Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status.
Once approved, you and your family receive a 10-year, unconditional green card—the final step of the EB-5 process.
What Is Form I-829?
Form I-829 is used by EB-5 investors to prove to USCIS that they have met the program requirements. It shows that:
- You maintained your EB-5 investment.
- The investment created or sustained the required number of jobs.
- You complied with the conditions of your conditional residency.
The principal investor files the petition, and the same filing covers their spouse and unmarried children under 21.
When to File?
Timing is critical when submitting Form I-829.
- Filing window: You must file within the 90-day period before your conditional green card expires.
- Too early: Filing before this window opens results in automatic rejection.
- Too late: USCIS may still accept a petition if you can prove “good cause” for the delay, such as medical or personal emergencies.
Your green card’s expiration date marks both the end of your conditional residency and the start of your 90-day filing window.
Processing Time:
As of 2025, the average processing time for Form I-829 is about 10.5 months, a major improvement from the multi-year delays seen in previous years.
Factors that can affect your case include:
- USCIS workload and staffing levels.
- Completeness of your petition and supporting documents.
- Whether USCIS issues a Request for Evidence (RFE).
Always confirm current estimates on the USCIS Processing Times page.
While Your Case Is Pending:
- Filing Form I-829 automatically extends your green card for 48 months beyond the expiration date, as stated on your USCIS receipt notice.
- During this time, you can continue to live, work, and travel in the United States using your expired green card and receipt notice together.
Check Also: U.S Form I-9 for Accurate Employment Eligibility Verification
Cost to File Form I-829:
The current fees are:
- Filing fee: $9,525
- Biometrics fee: $85 (per applicant, including dependents)
You can pay by money order, personal or cashier’s check, or credit card using Form G-1450.
Filing fees are non-refundable, even if your petition is denied or withdrawn.
USCIS I-829 Application:
The USCIS Form I-829 application is the final step for EB-5 investors to remove conditions on their permanent residency. By filing this petition, investors and their dependents can transition from a two-year conditional green card to a permanent one, provided all EB-5 program requirements are met.
Conditional Green Card EB-5 Removal:
The conditional green card EB-5 removal process ensures that investors have fulfilled job creation and investment obligations. Approval of the I-829 petition confirms compliance, granting a 10-year permanent green card and securing long-term residency rights in the United States.
I-829 Approval Rate:
The I-829 approval rate is generally strong, with most petitions granted if proper documentation is provided. However, incomplete filings, investment shortfalls, or insufficient job creation can result in denials.
EB-5 Investor Green Card Renewal:
Technically, there is no EB-5 investor green card renewal—instead, the I-829 petition permanently removes conditions on the green card. Once approved, investors and their family members receive a 10-year renewable permanent resident card.
I-829 Attorney or Legal Help:
Hiring an I-829 attorney or legal help is highly recommended. Immigration lawyers experienced with EB-5 cases can guide investors through complex documentation, ensure deadlines are met, and reduce risks of errors that could delay approval.
Step-by-Step Guide to Filing Form I-829:
A step-by-step guide to filing Form I-829 generally includes:
- Preparing required documentation.
- Filing within the 90-day eligibility window.
- Submitting the petition to USCIS.
- Receiving a receipt notice and automatic extension of conditional status.
- Attending biometrics appointments if required.
- Awaiting USCIS adjudication.
Required Documents for Form I-829 Petition:
The required documents for Form I-829 petition typically include:
- Investment records (capital contribution proof).
- Job creation evidence (payroll, I-9 forms, tax returns).
- Business financials (bank statements, audited reports).
- Legal formation documents of the enterprise.
I-829 Petition Processing Times:
I-829 petition processing times in 2025 are expected to remain lengthy, with USCIS reporting wait periods often exceeding two years. Investors should plan accordingly and file early within their eligibility window.
Mistakes to Avoid When Filing Form I-829:
Common mistakes to avoid when filing Form I-829 include missing the 90-day filing window, providing incomplete documentation, and failing to show clear job creation. Working with experienced counsel helps minimize these risks.
USCIS Case Status Check Form I-829:
Applicants can use the USCIS case status check for Form I-829 online by entering their receipt number. This tool provides real-time updates on case progress, including receipt notices, RFEs, and final decisions.
Immigration Lawyer for EB-5 Investors:
Partnering with an immigration lawyer for EB-5 investors is crucial for navigating complex requirements. Lawyers not only handle I-829 filings but also assist with compliance, RFEs, and long-term residency planning.
What Happens If Form I-829 Is Denied?
If USCIS denies your petition:
- Your conditional permanent resident status is terminated.
- USCIS may issue a Notice to Appear (NTA) in immigration court.
- An immigration judge will then review USCIS’s decision and determine whether you may keep your residency.
This is why complete and accurate documentation is critical.
Conclusion:
Form I-829 is the final step for EB-5 investors to secure a 10-year permanent green card. Filing on time, with complete documentation, is essential to avoid delays or denial. While your case is pending, your status remains valid, allowing you to live, work, and travel in the U.S.
Frequently Asked Questions:
-
What is the purpose of Form I-829?
Form I-829 is used by EB-5 investors to remove the conditions on their two-year green card and obtain permanent resident status.
-
How long does Form I-829 take to process?
The average processing time in 2025 is about 10.5 months, but it can vary based on USCIS workload and the completeness of your petition.
-
When should I file Form I-829?
You must file within the 90-day window before your conditional green card expires. Filing too early leads to rejection, and late filings are only accepted if you show “good cause.”
