EB-5 removal of conditions is the last step to a permanent EB-5 green card. EB-5 investors and their families first receive two-year conditional green cards. To keep their green cards, the investor files Form I-829 to remove the conditions. Shihab Burke LLC Immigration Lawyers helps EB-5 investors worldwide from our offices in Columbus and Dublin, Ohio.
For an overview of the EB-5 program, see our page for EB-5 investor visa lawyers.
When Should You File Form I-829 for EB-5 Removal of Conditions?
File Form I-829 in the 90 days before your conditional green card expires. The expiration date is two years after you became a conditional resident.
Conditional residence starts on the day your green card was approved in the United States, or on the day you entered the United States with an immigrant visa. The date is not based on the EB-5 petition. Family members who became residents on different dates may have different filing dates, and a petition filed too early may be rejected.
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What Happens If You File Form I-829 Late?
If Form I-829 is not filed on time, conditional residence generally ends. USCIS (U.S. Citizenship and Immigration Services) may accept a late petition with a written explanation of good cause and extenuating circumstances, but this is not automatic.
What Must Form I-829 Prove?
Form I-829 must show that the EB-5 investor met the program requirements. The petition must show that the investor:
- Made the required investment and kept it at risk, which means the money could be lost
- Kept the money invested for the required period
- Created, or will create within a reasonable time, at least 10 full-time jobs for qualifying U.S. workers
The required investment period is different for petitions filed before and after the 2022 EB-5 reforms. It is not always the same as the two years of conditional residence. Approval of the original EB-5 petition does not by itself prove these requirements.
What Documents Support Form I-829?
The evidence for Form I-829 depends on the type of EB-5 investment:
| Regional Center Investment | Direct Investment |
|---|---|
| Project spending and construction records | Payroll records and tax returns |
| Project financial statements | Employment eligibility forms (Forms I-9) |
| Updated economic study of the jobs created | Business financial statements |
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What Is Your Status While Form I-829 Is Pending?
You remain a permanent resident while Form I-829 is pending. A properly filed Form I-829 extends conditional residence while USCIS decides.
The USCIS receipt notice, together with the expired green card, shows your status for work and travel. You do not need a separate work permit. If you need more proof of status, you can ask USCIS for a temporary stamp.
Are Family Members Included in Form I-829?
Usually, yes. A spouse and children who received conditional green cards through the investor are usually included in the investor’s Form I-829.
Children who turn 21 or marry during conditional residence, and a former spouse divorced during that time, may be included in the investor’s Form I-829 or may file their own petition. A family member may also need to file separately in other cases, such as after the investor’s death.
What Happens After USCIS Approves Form I-829?
If USCIS approves Form I-829, the investor and family receive 10-year green cards without conditions. USCIS may decide the case with or without an interview.
Time as a conditional resident generally counts toward the time needed for U.S. citizenship. The conditions must be removed before citizenship can be granted.
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What If Form I-829 Is Denied?
A denied Form I-829 cannot be appealed to the USCIS appeals office. Instead, conditional residence ends. The investor may ask USCIS to reopen or reconsider the decision, and an immigration judge may review the denial in removal (deportation) proceedings.
In some cases, the investor may file one new EB-5 petition within one year, and an unmarried child who has turned 21 may still be included in it. This does not restore the child’s green card or permission to work. See our page on EB-5 project failure and petition denial options.
EB-5 Removal of Conditions: Frequently Asked Questions
Can I file Form I-829 early?
No. Form I-829 must be filed in the 90 days before the conditional green card expires.
What if the EB-5 project is still being built when I file Form I-829?
You may be able to show that the required jobs will be created within a reasonable time. The evidence depends on the project’s progress. A construction delay does not change the Form I-829 filing deadline.
Can I travel while Form I-829 is pending?
Generally yes. Use the expired conditional green card with the Form I-829 receipt notice, or a temporary stamp from USCIS. Check that the documents are valid before you travel.
Can I withdraw my EB-5 investment after two years?
The two-year rule is an immigration requirement, and it does not decide repayment. Repayment depends on the project’s terms. Speak with a lawyer before withdrawing any money while Form I-829 is pending.
Can I apply for U.S. citizenship while Form I-829 is pending?
You may become eligible to apply based on your time as a resident. However, the EB-5 conditions must be removed before citizenship can be granted.
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Talk with an EB-5 Lawyer
Careful preparation of Form I-829 can help avoid delays and reduce the risk of a denial. Contact our Columbus or Dublin, Ohio office, or call 866-665-0001, to schedule a consultation in person, by phone, or by video conference.
