What Is Form I-829 and How Do I Remove Conditions on an EB-5 Green Card?

TL;DR: Form I-829, Petition by Investor to Remove Conditions, converts an EB-5 investor's 2-year conditional green card into a permanent 10-year green card. You must file it within the 90-day window immediately before your conditional residence's second anniversary, proving you sustained the required investment and created (or preserved) at least 10 qualifying jobs.

Claim and evidence

EB-5 investors first receive conditional permanent residence for 2 years after their I-526E petition is approved and they immigrate. Before that conditional period ends, they must file Form I-829 with evidence that the capital stayed invested and the required 10 full-time jobs were created (or, for troubled-business cases, preserved). If USCIS approves the I-829, conditions are removed and the investor receives a standard 10-year green card. If the petition isn't filed on time or is denied, conditional status can terminate, exposing the investor and family to removal proceedings.

Step-by-step: the I-829 process

1. Track your 2-year conditional residence anniversary date from the day you (or your family) were admitted as a conditional permanent resident.
2. Gather sustainment evidence showing the capital remained invested in the new commercial enterprise throughout the required period, not withdrawn or refunded.
3. Document job creation. Direct investors need proof of 10 actual W-2 jobs; regional center investors typically submit an economist's report showing direct, indirect, and induced jobs using accepted input-output models.
4. File Form I-829 within the 90-day window before your conditional residence expires — filing early or late outside this window risks rejection or a status gap.
5. Attend biometrics and, if requested, an interview. USCIS may issue a Request for Evidence if job-creation or sustainment documentation is incomplete.
6. Receive your 10-year green card once USCIS approves the I-829, removing the conditions permanently.

FAQ

What happens if I don't file I-829 in time? Your conditional permanent resident status automatically terminates on the second anniversary, and you and your dependents can be placed in removal proceedings. Late filing is only accepted with a showing of extraordinary circumstances beyond your control.

Do I need all 10 jobs to be in place before I file? Not necessarily — for regional center investments in particular, job creation projected within a reasonable period after the two-year mark can sometimes still count, but you need strong documentation showing the jobs are on track and this varies by case.

How long does I-829 adjudication take? It varies significantly by USCIS workload and case complexity; investors commonly wait multiple years for a final decision, though the underlying conditional status generally continues while a timely-filed petition is pending.

Can I travel while my I-829 is pending? Yes, conditional permanent residents can generally travel using their conditional green card as long as it remains facially valid, but extended absences can raise separate residency questions.

Sources: USCIS EB-5 Immigrant Investor Program guidance; Form I-829 instructions; EB-5 Reform and Integrity Act of 2022.

By Pinal Dave Last updated: 2026-08-03