Form I-829, Explained
A guide to the timeline, cost, and requirements to apply
What Is Form I-829?
Form I-829 (“Petition by Investor to Remove Conditions on Permanent Resident Status“) is used by EB-5 investors to request the removal of conditions on their two-year green card. Filing this form grants them a 10-year permanent green card.
Processing Time
The processing time for Form I-829 is currently 7.1 months, a huge drop from 41 months in 2024, according to USCIS data. Keep in mind the wait time can vary based on your unique circumstances and USCIS workload.
The expiration date on your Green Card is the same as the second anniversary of your conditional residency. Your filing window starts on a specific day determined by your status, so filing too early (before this window opens) can result in rejection. You can confirm the start of your 90-day filling period here.
- Typical Processing Window: USCIS processing times for Form I-829 are subject to change, so it is advisable to consult the USCIS Processing Times page for the most current information.
- Factors Influencing Time: Completeness of the filing, submission during the appropriate filing window, and any requests for additional evidence can impact the overall processing time.
Tip: To avoid delays, ensure that your petition is complete, all supporting documents are included, and the form is submitted within the 90-day filing period.
Cost
The cost to file Form I-829 is $9,525
Payment can be made via money order, personal check, cashier’s check, or, where accepted, by credit or debit card (using Form G-1450).
Important Reminder: Filing fees are non-refundable, even if your petition is denied or if you withdraw your petition later.
Eligibility
To be eligible to file Form I-829, you must meet the following criteria:
- Conditional Permanent Resident Status: You must have obtained your conditional green card through a qualifying investment under the EB-5 program.
- Filing Window: The petition must be filed within the 90-day period immediately before the expiration of your conditional status. (Your green card’s expiration date also marks the end of your conditional period.)
- Good Cause for Late Filing: If you miss the 90-day window due to extenuating circumstances, USCIS may accept a late filing provided you include a written explanation and request discretion for late submission.
Note: Ensuring you meet these eligibility requirements is crucial to a successful petition.
Supporting Documents
Along with Form I-829, you must submit supporting documents to prove that you meet the requirements for removing the conditions on your residency. These documents include:
- Proof of Investment: Evidence showing that you made the required investment in a new commercial enterprise.
- Business Records: Documentation that demonstrates the ongoing operation of the business and creation of jobs.
- Financial Records: Bank statements, tax returns, and other records that validate your investment and business performance.
- Personal Information: Copies of your conditional permanent resident card, passport, and other identification documents.
- Additional Evidence: Any additional documents requested in the Form I-829 instructions to support your petition.
Tip: Carefully review the Form I-829 instructions for a complete list of required documents, and double-check that all pages are from the same edition of the form.
I-829 FAQS
You must file within the 90-day period immediately before your conditional permanent resident status expires. Filing early or late may result in rejection unless accompanied by a valid explanation for a late submission.
Failing to file within the 90-day period can lead to termination of your conditional status and potential removal from the United States. In some cases, USCIS may accept a late filing with a written explanation if you can demonstrate good cause.
No. You must file within the prescribed filing window. If your conditional green card expires before you file, you may lose your conditional permanent resident status.
USCIS may request further documentation or clarification during the review process. Ensure that you promptly and thoroughly respond to any such requests to avoid delays.
No, the filing fee is non-refundable regardless of the outcome of your petition.