Form I-829

The Final Step to Unconditional U.S. Residency: An Introduction to Form I-829

The Form I-829, Petition by Entrepreneur to Remove Conditions, is the final and most crucial step in your EB-5 journey. After successfully navigating the Form I-526 petition process and holding conditional permanent residency for two years, the I-829 petition is your application to prove that you have fulfilled all the requirements of the EB-5 program. A successful I-829 petition will remove the conditions on your Green Card, granting you, your spouse, and your unmarried children under 21 unconditional permanent residency in the United States. This page provides a comprehensive guide to the I-829 process, from the timing of the filing to the evidence required for a successful outcome. For a complete overview of the EB-5 program, please visit our Main EB-5 Hub Page.

The I-829 petition centers on two core requirements:

1 Sustained Investment: You must prove that you have sustained your investment of the required EB-5 Investment Amount throughout the two-year period of your conditional residency. This means your capital must have remained “at risk” in the new commercial enterprise.

2 Job Creation: You must demonstrate that your investment has led to the creation of at least 10 full-time jobs for U.S. workers. If you invested through a Regional Center, this requirement can be met by showing that the project has created the required number of direct, indirect, or induced jobs as projected in the original business plan.

Similar to the I-526 petition, the I-829 requires a comprehensive package of supporting evidence. Key documents include:

• Form I-829: The official USCIS form, completed with all required information.

• Evidence of Sustained Investment: Financial statements, bank records, and other documents showing that your capital remained invested in the project.

• Evidence of Job Creation: Payroll records, I-9 forms, and other documentation proving that the required 10 jobs have been created. For Regional Center investments, this will often involve a report from an economist confirming that the job creation targets have been met.

• Evidence of the New Commercial Enterprise: Tax returns, financial statements, and other business records demonstrating that the enterprise has been active throughout your conditional residency period.

Upon approval of your I-829 petition, the conditions on your Green Card will be removed, and you will be issued a new, 10-year permanent resident card. You and your family will be able to live and work in the United States indefinitely. After maintaining your permanent residency for a total of five years (including the two-year conditional period), you may be eligible to apply for U.S. citizenship, the final step in your American dream.

Success at the I-829 stage depends on proactive case management from the very beginning of your EB-5 journey. This means selecting a strong project with a high likelihood of meeting its job creation targets and maintaining meticulous records throughout the investment period. Working with an experienced EB-5 attorney is crucial. They will not only help you prepare a flawless I-829 petition but will also monitor your investment and the project’s progress to ensure that you are on track to meet the requirements for removing conditions.