I-829 Petition Summary

The I-829 petition is the final step of the investor visa USA EB5 Process for the Immigrant Investors to become lawful permanent residents of the United States. Form I-829 is known as “Petition by Investor to Remove Conditions on Permanent Resident Status”. The I-829 petition includes evidence that the immigrant investor successfully met all the United States Citizenship and Immigration Services (USCIS).

Once the I-829 is approved, the investor’s conditional residency restriction is removed so that the investor, their spouse and their unmarried children under the age of 21 can live in the United States permanently.

I-829 Process

The EB-5 investor can file the I-829 petition with USCIS starting 90 days before the end of the two year conditional permanent status period. The applicant’s conditional residency is extended while the I-829 is in process. The I-829 application must be filed within 21 to 24 months of the investor’s two year conditional residency period, otherwise the ability to obtain a permanent residency card can be jeopardized.

Requirements

The investors must provide all the evidence within the I-829 petition to prove that they have fulfilled all EB5 Visa Investment program requirements:

• Conditional Permanent Resident Card (EB-5 Visa Green Card)- A photocopy of the permanent resident card of the applicant and all the dependents.

• Proof that a commercial enterprise was established and that the capital investment was made. Documents such as audited financial statements, bank statements, other evidence to demonstrate that the new enterprise received the investor’s funds.

• Proof that the commercial enterprise was sustained throughout the two year conditional residency period. It can be stated by sharing – invoices, receipts, bank statements, contracts, business licenses, federal tax returns, state tax returns and quarterly tax statements.

• The required number of jobs were created by the project and that the business plan was followed. The payroll record and relevant tax documents would serve as evidence. Continue reading: what is a EB5 Project?

• Bio-metrics services – The applicant must attend USCIS bio-metrics appointment where the applicant’s fingerprints, signature and photograph are taken.

• The legal documents must be provided if the applicant has any criminal history, Such as law enforcement statements, arrest records, sentencing records, probation or parole records etc.

Note: you must have filed DS-230 Application in order to enter the US.

Looking for another form?

• I-529 Petition
• I-485 application
• DS 260 form

Filing the I-829

I-829 applications are typically prepared and filed by Immigration Attorney. The filing fee for the application is $3,750 and the biometric fee is an additional $85. The processing times for the I-829 application is approximately 24.5 months – 45 months. An in-office interview with USCIS or any other information requests are generally made after the petition has been processed. See Effects of EB-5 I-829 Processing Times