The final major step in your EB-5 journey is filing Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. This petition proves to USCIS that you have fulfilled all requirements of the EB-5 program, allowing you to transition from a conditional resident to a lawful permanent resident with a 10-year Green Card.
The Final Hurdle: What is the I-829 Petition?
The I-829 petition serves as the evidence that you have met your obligations as an EB-5 investor. It must be filed within the 90-day period immediately before the two-year anniversary of you obtaining conditional permanent resident status. Filing on time is absolutely critical.
The core purpose of the I-829 is to demonstrate two things:
- You sustained your investment throughout the two-year conditional residency period.
- Your investment resulted in the creation of at least 10 full-time jobs for U.S. workers.
Proving Job Creation and Sustained Investment
The Regional Center is responsible for gathering and providing the necessary evidence to prove that the project has met its job creation targets. This evidence is then compiled by your immigration attorney for the I-829 filing.
Key documentation typically includes:
- Financial Records: Bank statements, audits, and other financial documents showing the EB-5 capital was fully deployed into the project.
- Job Creation Evidence: Depending on the project, this could include payroll records, employee tax forms (I-9s), or, for indirect job creation models, evidence that the project was completed as described in the business plan.
- Business Records: Invoices, receipts, and contracts that show the project is operational and has been executing its business plan.
Expert Tip
Once you file your I-829, your conditional resident status is automatically extended while the petition is being processed. USCIS will send you a receipt notice that serves as proof of your continued status, which you can use for work and travel.
Life as a Lawful Permanent Resident
Upon approval of your I-829 petition, you and your family members will receive your 10-year permanent Green Cards. As a lawful permanent resident, you have the right to live and work anywhere in the United States permanently.
You will be required to renew your Green Card every 10 years, but your status as a resident does not expire. After maintaining permanent residency for five years (including your two years as a conditional resident), you will become eligible to apply for U.S. citizenship.
An I-829 approval marks the successful completion of your immigration journey. It is the culmination of years of planning and patience, granting you and your family the freedom and security of permanent life in the United States.
