Upon approval of Form I-526 or I-526E, EB-5 investors are granted a conditional green card that is valid for two years. To transition from a conditional green card to a permanent green card, investors must go through the removal of conditions phase, which involves filing Form I-829.

Adjudication Process

Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, demonstrates that the investor has fulfilled the EB-5 program requirements, which include:

Sustaining the investment: The investor must show that the full required amount of capital was invested in the new commercial enterprise (NCE) and that the investment has been sustained for at least two years in compliance with the project deal documents.
Job creation: The investor must prove that the investment has created at least ten full-time jobs for qualifying US citizens or green card holders.
NCE’s business documentation: The investor must provide organizational documents, business licenses, annual reports, and other records showing the continuous operation of the business.

The I-829 must be filed within 90 days immediately preceding the two-year conditional green card expiration. Once the I-829 is filed, the investor and their family members’ conditional residency status is continuously and automatically extended until USCIS reviews the petition. This review process can take over a year. During this period, USCIS may also request additional evidence (RFE).

I-829 Approval

If the I-829 is approved, the conditions on the investor’s residency are removed, and they, along with their qualifying family members, are granted permanent green cards. Permanent green cards are valid for ten years. This status allows them to live and work in the US indefinitely, with the possibility of applying for US citizenship after meeting the necessary requirements.

I-829 Denial

If the I-829 is denied, the investor and their family members may lose their conditional resident status. Denials can occur for several reasons, including insufficient evidence of sustained investment or job creation, failure to file the I-829 within the required timeframe, or an investor’s violation of status or immigration laws.

The removal of conditions phase is a critical step in the EB-5 process and requires detailed guidance to secure permanent residency in the US. If you have any questions regarding the EB-5 process, please email us at rpatel@patellegal.com and jtrevino@patellegal.com.