Form I-829: Remove Conditions on Your EB-5 Green Card
Form I-829 removes conditions on your EB-5 green card. File within the 90-day window before your 2-year anniversary. Here's everything you need to know.
Parent guide: EB-5 Processing Times in 2026: Stage-by-Stage Timeline
What Form I-829 Does (and Why It Matters)
EB-5 investors generally become permanent residents in two stages:
- Conditional permanent residence (a 2-year green card)
- Permanent residence after USCIS approves Form I-829
Filing Form I-829 is how you remove conditions EB-5 and show USCIS that:
- You sustained your EB-5 investment as required, and
- The EB-5 project created (or will create) the required jobs
Who Files Form I-829?
You file Form I-829 if you obtained conditional permanent residence based on:
- An EB-5 investment through a regional center project, or
- A direct EB-5 investment (non-regional center)
Your spouse and unmarried children under 21 who became conditional residents with you are typically included as derivatives on the same I-829, as long as they remain eligible. An attorney can confirm how to handle family members with changed circumstances (for example, children close to age 21, divorce, or living abroad).
When to File Form I-829 (The 90-Day Filing Window)
Timing is critical. USCIS requires you to file Form I-829 during the 90-day period immediately before your conditional green card expires.
- Your conditional residence expires two years from the date you became a conditional permanent resident (the “resident since” date on the green card).
- You must file within the 90 days before that expiration date, not earlier.
- Filing late can create serious risk and should be addressed with counsel immediately.
How to Find Your Deadline
Use the expiration date on your conditional green card and count backward 90 days to identify the earliest filing date. Many investors calendar reminders 6-9 months in advance so project documents and job creation evidence are ready.
The Sustainment Period: What USCIS Expects by I-829 Time
Under the EB-5 Reform and Integrity Act of 2022 (RIA), investors must meet a sustainment period, keeping the required capital invested and “at risk” for the required time. In practice, most I-829 filings focus on demonstrating:
- The investment remained in the new commercial enterprise (NCE) and deployed to the job-creating activity as required; and
- Job creation has occurred or is expected to occur within the allowed timeframe based on the approved business plan/economic methodology (for regional center cases).
Your documents should connect the dots: funds in, funds deployed, project progress, and job creation.
Required Evidence for Form I-829 (What USCIS Wants to See)
USCIS does not publish a single “one-size-fits-all” checklist because the evidence depends on whether your case is regional center or direct EB-5, and on project structure. That said, I-829 submissions usually focus on two proof areas:
1) Evidence the Investment Was Sustained (“Capital Maintained”)
Typical evidence may include:
- Proof you made the required EB-5 investment and it stayed invested during the conditional period
- NCE documents showing your capital account and status
- Bank statements, wire confirmations, and fund administration reports (common for regional center projects)
Filing Fee and Other Costs (What to Budget)
USCIS charges a filing fee for Form I-829, and there is typically a biometrics services fee for each person included (amounts can change). You should verify the current fee on the USCIS fee schedule at the time you file.
Beyond USCIS fees, most investors should plan for:
- Immigration attorney fees for preparing the petition and responding to any Requests for Evidence (RFEs)
- Project/administrative fees for regional center documentation packages (varies by project)
- Translation and document collection costs
How to File Form I-829 (Step-by-Step)
Step 1: Confirm Your 90-Day Filing Window
Calculate the earliest filing date (90 days before conditional residence expires) and the deadline (the expiration date).
Step 2: Request the Project’s I-829 Support Package (If Regional Center)
Regional center investors often receive standardized evidence: project updates, fund deployment records, construction/operations expenditures, and job creation documentation.
Step 3: Build Your Personal and Status File
Collect green card copies, travel/residence documentation if relevant, and any family status updates.
Who files Form I-829 in your family
Starting November 30, 2026, new USCIS rules explain how family members file Form I-829. The investor can include a spouse and children on the investor's Form I-829. A family member who is not on the investor's petition files their own.
- Spouse or child not on the investor's petition: they file their own Form I-829.
- Child who turned 21 or married: the investor can still include them. If not included, the child files their own.
- Divorce: the investor can include a former spouse. If not included, the former spouse files their own.
- Investor does not file: a spouse, former spouse or child can file their own and show they qualify.
- Investor died: the spouse and children can file one petition together or separate petitions.
In every case, the filing period is the investor's filing period. That is the 90 days before the second anniversary of the investor's conditional green card. USCIS accepts a late petition only in limited cases, for good cause and extenuating circumstances. The Form I-829 fee is $3,750 per petition. For petitions postmarked on or after November 30, 2026, it is $5,000 per petition. Family members included on the investor's petition are covered by that one petition. Each family member who files separately pays their own fee.
This is general information, not legal advice. Veras is not a law firm. Your immigration attorney decides how your family should file. Source: 8 CFR 216.6(a)(1)(ii), as amended by 91 FR 61940.
FAQs
When do I file the I-829?
You file Form I-829 during the 90-day period immediately before your 2-year conditional green card expires (based on the expiration date on the card). Filing early is not allowed, and filing late can create risk, confirm your exact window with counsel.
What evidence is needed for the I-829?
Most I-829 filings include evidence that the investment was sustained (capital remained invested and at risk through the required sustainment period) and that 10 jobs were created (direct EB-5) or qualified jobs were created under the economic methodology (regional center EB-5). Supporting documents often include fund deployment records, project expenditures, payroll/tax records (direct cases), and job creation reports (regional center cases).
What happens if my I-829 is denied?
A denial can lead to loss of conditional resident status and potential placement into removal proceedings. Options may exist depending on the reason for denial and procedural posture, but you should work with an experienced immigration attorney immediately if you receive an RFE/NOID or denial.
How long does I-829 processing take?
I-829 processing time can be lengthy and varies by USCIS workload, case complexity, RFEs, and whether an interview is scheduled. For broader EB-5 timing context, see /eb-5-processing-time and confirm current expectations with your attorney.