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Form I-829: Petition by Investor to Remove Conditions on Permanent Resident Status
Form I-829 is used by EB-5 investors to remove conditions on their permanent resident status. It must be filed within the 90-day period before the two-year anniversary of receiving conditional residency.
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USCIS Form I-829 - Petition by Investor to Remove Conditions on Permanent Resident Status
Form I-829 is used by EB-5 investors to remove conditions on their permanent resident status. It must be filed within the 90-day period before the two-year anniversary of receiving conditional residency.
Risk Radar
Scan points- 1Failure to file on time results in automatic loss of conditional permanent resident status.
- 2Missing the 90-day filing window
- 3Insufficient documentation of investment maintenance
- 4Failure to prove required job creation
- 5Incomplete or incorrect form completion
Plain English
This form allows immigrant investors who got a green card through investment to make it permanent. You need to show you invested the required amount and created the promised jobs. File this about 3 months before your two-year conditional green card expires.
Submission Date
- Filing date: Must be filed within the 90-day period before the two-year anniversary of receiving conditional permanent resident status. Filing outside this window typically results in rejection.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- Use this form when you need to remove conditions on your EB-5 investor green card.
- Do not use this form if you are applying for an EB-5 visa for the first time.
- Check Form I-526 if you are an investor applying for conditional residency for the first time.
Form selector
Use this form or another form?
First-time EB-5 application
Required for initial conditional residency
✓ Verify investment meets minimum threshold
Spouse or dependent applying separately
Used for deferred action
✓ Confirm eligibility for derivative status
Investor business location changed
Required to update business information
✓ Ensure new location meets job creation requirements
Deadline or filing window
Must be filed within the 90-day period before the two-year anniversary of receiving conditional permanent resident status. Filing before this 90-day window typically results in rejection. Filing after this window means automatic loss of conditional status. Processing times vary, so file as early as possible within the allowed window.
Checklist
What you need before filling it out
Petitioner information
Valid passport, I-551 stamp, prior I-94 · Personal documents
Investment details
Bank statements, property deeds, business records · Financial records
Job creation evidence
Tax records, payroll documents, business reports · HR and financial records
Business operation proof
Business licenses, financial statements, lease agreements · Business records
Petitioner's presence
Tax returns, utility bills, lease agreements · Personal records
Before you submit
- 1Verify form edition date matches current USCIS requirements
- 2Ensure all required fields are completed and signed
- 3Check that all supporting documents are included and properly certified
- 4Verify filing fee is correct and payment method is accepted
- 5Confirm mailing address is current and correct
- 6Make copies of entire submission package for personal records
- 7Double-check that filing is within the 90-day window before conditional status expiration
- 8Review all documents for consistency and accuracy
- 9Ensure translations are certified for non-English documents
- 10Check that all evidence directly addresses the requirements of the EB-5 program
How to file this form
- 1Obtain current Form I-829 from USCIS website and review instructions
- 2Complete all sections of the form with accurate and consistent information
- 3Gather all required supporting documents and evidence of investment and job creation
- 4Prepare check or money order for the correct filing fee
- 5Mail complete package to the appropriate USCIS service center with return receipt requested
- 6Schedule biometrics appointment if received notice
- 7Respond promptly to any requests for evidence
- 8Keep copies of all submitted materials and correspondence
Known limitations
- 1Form does not guarantee approval; USCIS makes final determination based on evidence
- 2Processing times can vary significantly and may exceed the conditional status period
- 3Form does not address changes in investment amount or business structure
- 4USCIS may request additional evidence not specifically listed in the form instructions
- 5Approval does not automatically extend conditional status if filed late
- 6Form does not address issues related to criminal history or other inadmissibility factors
Field map
Compact field-by-field guide
Applicant Info
3 items
Your current legal name.
MM/DD/YYYY.
Alien Registration Number if previously assigned.
Details
1 items
The specific reason or legal basis for filing this form.
Evidence
1 items
List of documents supporting this application.
Signatures
2 items
Sign under penalty of perjury.
MM/DD/YYYY.
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Fillable formOpen in Editor->The current edition of Form I-829 was last updated in 10/23/17. USCIS may periodically update forms, so always check for the latest version before filing.
What changed or needs a fresh check
- Edition date: Verify you're using the current version of the form (as of 2023, edition 10/23/17)
- Fee: Check current fee amount (typically $3,750 as of 2023)
- Mailing address: Confirm correct submission address (Texas Service Center)
- Signature requirements: Ensure proper signatures where required
- Supporting documents: List all required evidence specific to your case
- Translation requirements: Documents not in English must include certified translations
Quick Facts
Downloads
After you file
- 1Keep all filed documents and receipts in a secure location
- 2Track processing times on USCIS website for your service center
- 3Respond to any requests for evidence within the specified timeframe
- 4Attend all scheduled biometrics appointments
- 5Maintain all investment and business records until final decision
- 6Check USCIS online account regularly for case updates
- 7Notify USCIS of any address change during processing
- 8Consult with immigration attorney if receiving unfavorable decisions
Sources
- SRCCurrent edition date of Form I-829: 10/23/17 (as of 2023)
- SRCCurrent filing fee for Form I-829: $3,750 (as of 2023)
- SRCFiling deadline: 90 days before two-year anniversary of conditional residency
- SRCMailing address: Texas Service Center
- SRCProcessing time: Varies by service center (typically 12-36 months)
- SRCRequired evidence: Investment documentation, job creation proof, business operation records
- SRCBiometrics requirement: Yes, typically required after filing
- SRCRequest for Evidence process: Common, can extend processing time
- SRCApproval timeline: Can exceed conditional status period
- SRCDerivative beneficiary rules: Spouses and unmarried children under 21 included
Common confusion points
Conditional status expiration date
Calculated from date of approval, not filing date
→ Review I-551 stamp or green card for exact date
Job creation calculation
Direct vs. indirect jobs, full-time vs. part-time
→ Review USCIS guidelines on qualifying employment
Investment maintenance requirements
What constitutes "at risk" capital
→ Consult EB-5 program guidelines and legal counsel
Derivative eligibility for family members
Rules for unmarried children over 21
→ Review conditional green card for expiration dates for each family member
Regional center vs. direct investment requirements
Different documentation paths
→ Confirm investment structure matches initial approval
Business location changes
Impact on petition requirements
→ File supplement with Form I-829 if business moves
Workflow map
Related forms and next steps
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