Form I-829 removes the conditional status from a 2-year EB-5 conditional green card. Filed in the 90 days before the conditional card expires. Demonstrates sustained investment and job creation.

Quick Reference

Filing fee: $9,525 · Processing time: 30-60 months · USCIS link: uscis.gov/i-829

Filing window

I-829 must be filed in the 90-day period immediately before the conditional green card expires. The 2-year conditional period typically begins from the date of conditional green card admission (entry on immigrant visa or approval of I-485).

Late filings face automatic loss of LPR status and removal proceedings — though USCIS may accept late filings with extraordinary circumstances explanation.

Two key requirements to remove conditions

Sustained investment

The capital must have been invested in the new commercial enterprise and sustained "throughout the conditional period." Recent USCIS interpretations have softened this — the investment must be at-risk and sustained for at least 2 years, but doesn't need to remain in the same project for the full 5+ years.

Job creation

The investment must have created (or be in the process of creating, with reasonable evidence) at least 10 full-time jobs for qualifying U.S. workers.

Direct investment: Direct W-2 employees only
Regional Center: Direct, indirect, and induced jobs (using economic methodologies)

Documentation required

Evidence of investment sustainment (bank records, capital contribution records)
Evidence of job creation (payroll records, I-9 forms, tax records, economic impact study)
Evidence the new commercial enterprise was sustained
Tax returns from the enterprise
Annual reports from Regional Center (if applicable)
Updated source of funds evidence if requested
Family member evidence (spouse, children) for derivative removal of conditions

Risks to I-829 approval

Project failure: Investment lost, jobs not created — denial likely
Premature withdrawal: Investment redeemed before 2 years — material change concerns
Insufficient jobs: 10-job minimum not met (or projected to be met)
Material changes: Project pivoted significantly from I-526E plans
Source of funds questions: USCIS revisits earlier source documentation

Project diligence matters

Regional Center selection at the I-526E stage directly affects I-829 outcomes. Diligence on sponsor track record, project financial viability, and job creation methodology is essential. Failed projects are the leading cause of I-829 denials.

Continued LPR status during pendency

Filing I-829 automatically extends conditional permanent resident status for the duration of pendency. USCIS issues a receipt notice (I-797) and may issue I-551 stamps (ADIT stamps) for travel and employment purposes during the long processing time (currently 30-60 months).

Investors can continue working, traveling internationally, and accumulating time toward N-400 naturalization eligibility (the 5-year clock continues running from the original conditional admission date).

Path to citizenship after I-829

Once I-829 is approved and unconditional green card is issued:

5-year LPR period for naturalization counts from original conditional admission
If 5 years has already passed during I-829 pendency, can immediately file N-400
30 months physical presence requirement still applies

I-829 — Remove EB-5 Conditions.