EB-5 Form I-829 Guide: Filing Deadlines, Evidence and Processing Times

EB-5 Form I-829, the Petition by Investor to Remove Conditions on Permanent Resident Status. Understanding when to file, what evidence to include, and what to expect during adjudication can make the different between a successful outcome and costly delays.

EB-5 investors have to deal with a lot of paperwork. There are a number of forms to file, including I-526/I-526E petitions to gain conditional residency, and for those already in the country, Form I-485, Application to Register Permanent Residence or Adjust Status, which can be filed concurrently with the investor’s I-526, along with Form I-131, Application for Travel Documents, and Form I-765, Application for Employment Authorization

EB-5 forms require the submission of evidence for adjudication. One of the most extensive lists of evidence comes with Form I-829, which leads to the EB-5 removal of conditions and allows petitioners to finally receive their permanent residency. Without properly filing a successful I-829, it’s impossible to get am EB-5 green card and permanent residence status.

To help those new to the process, we present a short guide to EB-5 Form I-829: what it is, what information it must contain, and how to give yourself the best odds of success.

What is EB-5 Form I-829?

Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, is for EB-5 petitioners whose investments have already met the sustainment and job creation requirements. You should file this form “if you are a conditional permanent resident who obtained status through a qualifying investment and want to remove the conditions on your residence.”

The I-829 is among the last steps in the EB-5 process. Because EB-5 involves separate timelines for the investment (including its eventual return) and the immigration petition, it can be difficult for investors to understand what needs to be done when. A useful resource comes from Invest In the USA (IIUSA), which produced an FAQ document to help answer basic questions about the program.

According to IIUSA, “Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status) is the final step in the EB-5 process. It allows investors and their qualifying dependents to transition from conditional to permanent residency by demonstrating that the investment was sustained and that at least 10 full-time jobs were created for U.S. workers.”

In other words, the I-829 is the form you file when you have completed all EB-5 requirements and are ready to obtain your EB-5 green card.

I-829 Filing Deadline: Form I-829 and the 90-Day Window Explained

There is a specific window in which Form I-829 must be filed. When EB-5 investors are granted conditional permanent residence after filing form I-526 or I-526E, this conditional permanent residence lasts for two years. The I-829 must be filed before this period ends, but not more than 90 days before the expiration date.

According to USCIS, “If we granted you or your dependents conditional permanent resident status on the basis of investment in a new commercial enterprise, you must file Form I-829 during the 90-day period immediately before your conditional residence expires. The expiration date on your Green Card is also the date of your second anniversary as a conditional permanent resident.”

Important deadline warning What happens if you fail to file before your expiration date? As IIUSA explains, “The I-829 must be filed within the 90-day window before the second anniversary of the investor’s admission to the U.S. as a conditional permanent resident. Failure to timely file may result in automatic termination of status and potential removal proceedings. USCIS may, in rare cases, accept a late filing for good cause, but investors should consult legal counsel to ensure timely and accurate submission.”

Form I-829 also comes with a filing fee that is $3,750 as of February 2026. Because conditional residence is two years, 90 days before would therefore be 21 months. With the current processing time for I-526E applications at 20 months, it would likely be at least 41 months from the time an investor’s I-526E is filed to when they can file their I-829. That is a lot longer than the two-year minimum EB-5 sustainment period, and should be long enough for investors to have satisfied all requirements. Demonstrating that these requirements have been fulfilled is a major aspect of Form I-829.

Form I-829 Evidence Requirements: Documents, Job Creation Proof and More

Form I-829 requires evidence related to the EB-5 project and the specific use of the investor’s funds in order to prove that the investment was put at risk for the required period of time and used to create the necessary number of jobs.

According to USCIS, this includes “Evidence that the new commercial enterprise created or can be expected to create, within a reasonable time, at least 10 full-time positions for qualifying employees.”

Accepted Form I-829 evidence

There is a long list of evidence that can be used, but because every EB-5 project is different, every investor won’t be submitting the exact same documents. The IIUSA FAQ says the evidence submitted “may include bank statements, wire transfers, NCE and JCE financials, and other evidence of project completion and operation. Job creation must also be proven through expenditure records, revenue records, payroll records, W-2s, I-9s, and economic reports, or credible modeling for indirect employment.”

What happens if there is not enough evidence?

According to IIUSA, “USCIS may issue a RFE or NOID if the documentation is insufficient. While USCIS has the discretion to require an interview, it is not mandatory for all petitions. Interviews are more likely when there are questions about job creation, deviations from the original business plan, the investor’s immigration history, or even source of funds. Interviews are typically conducted at a local USCIS field office.”

Best practice: Most EB-5 investors would like to avoid additional requests for evidence or in-person interviews, so the more information that can be provided to support the application, the better.

How long is the EB-5 I-829 processing time?

According to USCIS, the current I-829 processing time (as of February 2026) is 30 months. As the website explains, “This processing time is based on how long it took us to complete 80% of adjudicated cases over the past six months. Each case is unique, and some cases may take longer than others. Processing times should be used as a reference point, not an absolute measure of how long your case will take to be completed.”

Since your processing time could be shorter or longer than the 30 months listed, it’s possible you could be waiting anywhere between two and four years for adjudication. Your conditional residency will expire during this period, but that doesn’t mean you have to leave the country.

As IIUSA explains, “Once Form I-829 is properly filed, USCIS issues a receipt notice (Form I-797), which automatically extends the investor’s conditional permanent resident status for 48 months beyond the Green Card expiration. During this time, the investor may live, work, and travel freely while maintaining residence in the U.S. For international travel, a valid passport and either an unexpired Green Card or both the expired green card and the I-797 receipt notice are required. If both expire before I-829 adjudication, an I-551 stamp can be obtained from USCIS for purposes of work authorization and reentry from travel abroad.”

Eventually, petitioners will receive a response, which will either result in the removal of conditions on their status (meaning they will receive unconditional permanent resident status), or denial of the petition. What happens after that depends on your unique situation.

EB-5 Removal of Conditions: I-829 Approval, Denial and Your Green Card

The IIUSA FAQ does a good job of explaining what happens in the event of an approval or denial of an investor’s petition:

If your I-829 is approved

“If the I-829 petition is approved, the investor and dependents receive 10-year unconditional Green Cards and may pursue U.S. citizenship if eligible (typically five years after original CPR admission).

If your I-829 is denied

If denied—due to insufficient job creation, unsustained investment, significant project changes, or other reasons—the investor faces loss of U.S. residence status and may be placed in immigration removal proceedings but may seek recourse through a motion to reconsider/reopen or, if placed in removal proceedings, before an immigration judge. In such a situation, investors should immediately consult with immigration counsel to discuss their legal options.”

Important note: You may not immediately face removal proceedings in the event of a denial, and could have the chance to file a motion to reopen your I-829 with the Administrative Appeals Office (AAO). However, appeal is not available to everyone, and even if you face removal proceedings, IIUSA notes that “In removal proceedings, the I-829 may receive a de novo review by an immigration judge, allowing the investor to present additional evidence. A new EB-5 petition may also be possible, though the investor must again meet all investment and eligibility requirements.”

How to Strengthen Your I-829 Petition: EB-5 Project Selection & Documentation Tips

The I-829 petition is your chance to prove that your EB-5 investment fulfilled all necessary requirements. As IIUSA puts it, “Before filing the I-829 petition, investors should verify that their investment remained at risk for the required sustainment period, that job creation goals were met, and that supporting documentation is up to date and complete.”

Having proper evidence is crucial, which is why many Regional Centers work with JTC to supply project updates through our secure online portal. With JTC, investors can view the progress of their investments 24/7, from anywhere in the world, and get the necessary information they need for their I-829 applications. They won’t have to call the Regional Center to ask for documents, or wonder if jobs have been sufficiently created, because the information will be available to them on a cloud-based platform.

Having the correct documents will only help if your investment has actually been sustained and created the necessary jobs. That’s why the most important thing EB-5 investors can do to ensure successful petitions is to pick the right project. There are many considerations to weigh, and it can be difficult to know what to prioritize or which questions to ask prospective Regional Centers. That’s why JTC and CanAm Enterprises have created a full guide to EB-5 project selection that walks investors through the most important elements of an EB-5 project and what they should look for in a Regional Center. Before proceeding with EB-5, hear from the experts about how to select the right project to put yourself on the path to EB-5 success.

Read our EB-5 investor guide