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EB-5 FORMS

I-829 Petition

I-829 Application Summary

  • Removes the conditions of permanent residency
  • Upon approval, investor and their dependents receive ten-year green card, renewable indefinitely.
  • Filed by immigration attorney
  • $3,750 filing fee and $85 biometrics fee
  • Link to the form on the USCIS website

What is the I-829 petition?

The I-829 petition is the final step of the EB-5 visa process for immigrant investors to become lawful permanent residents of the United States. The I-829 petition includes evidence that the immigrant investor successfully met all United States Citizenship and Immigration Services (USCIS) requirements of the EB-5 program. 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.

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 will be extended while the I-829 is processed. 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.

I-829 requirements

There are numerous pieces of evidence that EB-5 investors must supply within the I-829 petition to prove that they have fulfilled all EB-5 program requirements:

  • Requirement: conditional permanent resident card (green card)
    Evidence: photocopy of permanent investor’s permanent resident card, photocopy of permanent resident cards of all EB-5 family members

  • Requirement: proof that a commercial enterprise was established
    Evidence: federal tax returns

  • Requirement: proof that the capital investment was made
    Evidence: audited financial statements, bank statements, other evidence to demonstrate that the new commercial evidence received the investor’s funds

  • Requirement: proof that the commercial enterprise was sustained throughout the two year conditional residency period
    Evidence: invoices, receipts, bank statements, contracts, business licenses, federal tax returns, state tax returns, quarterly tax statements

  • Requirement: evidence that the required number of jobs were created by the project and that the business plan was followed
    Evidence: payroll records, relevant tax documents

  • Requirement: biometrics services
    Evidence: applicant must attend USCIS biometrics appointment where the applicant’s fingerprints, signature and photograph are taken

  • Requirement: legal documents must be provided if the applicant has a criminal history
    Evidence: law enforcement statements, arrest records, sentencing records, probation or parole records, other court records relating to the criminal history

Filing the I-829

I-829 applications are typically prepared and filed by immigration attorneys who handle EB-5 matters. The I-829 application is submitted to the USCIS California Service Center. The filing fee for the application is $3,750 and the biometric fee is an additional $85. I-829 petitions are typically prepared with the help of an EB-5 immigration attorney. The processing time for the I-829 application is typically at least 6 months. An in-office interview with USCIS or other information requests may be made after the petition has been processed.

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