Overview: An EB-5 investor’s first green card is conditional and lasts two years. To make it permanent, the investor files Form I-829 in the 90 days before the card expires, showing that the investment was made, kept in place, and created the required jobs. Here is how removing conditions with Form I-829 works.
When to file
Form I-829 must be filed within the 90-day period immediately before the second anniversary of getting conditional residence, which is the expiration date on the green card, according to USCIS. Filing earlier than that window is not allowed.
Missing the window has serious consequences. The form instructions say USCIS will terminate conditional status and the person becomes removable. A late filing can be accepted, at USCIS’s discretion, only with a written explanation showing good cause and extenuating circumstances. A spouse and children are generally included with the investor’s petition, and those filing separately attach a copy of the investor’s receipt notice.
What the petition must show
The investor documents that the new commercial enterprise was established, that the required capital was invested, and that it stayed invested. The Policy Manual says that at this stage USCIS looks for proof that any escrowed funds were released and that the investment was sustained in the enterprise. For petitions filed on or after March 15, 2022, the capital must be expected to stay invested for at least two years.
The investor also shows job creation: at least 10 full-time positions for qualifying U.S. workers. Standalone investors count only jobs the enterprise creates directly. Regional center investors can count indirect jobs estimated through reasonable economic methods.
While the petition is pending
I-829 cases can take years. Since January 2023, the receipt notice extends green card validity for 48 months past the card’s expiration date. Shown together with the expired card, the notice serves as evidence of continued status, including for work and travel.
After a decision
If USCIS approves the petition, the conditions are removed and the investor becomes a permanent resident without conditions. If USCIS denies it, conditional status ends, and the investor can seek review of the decision in Removal proceedingsThe formal court process, formerly called deportation, in which the government seeks to remove a noncitizen from the United States.See it in the glossary, as this USCIS field guidance notes.
Fees are changing
A final EB-5 fee rule raises the Form I-829 fee along with other EB-5 filing fees. It takes effect November 30, 2026. Confirm the fee in effect on the day you file.