(Reviewed by Eb5investors.com Staff June 2025)
I-829 Application Summary for the EB-5 Visa
- Removes the conditions of permanent residency
- Upon approval, investor and their dependents receive a ten-year green card, renewable indefinitely.
- Filed by an EB-5 immigration attorney
- $9,525 filing fee (The cost of biometrics is now included in your filing fee)
- Link to the form on the USCIS website
What is the I-829 petition for an EB-5 investor?
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. It includes evidence that the immigrant investor successfully met all United States Citizenship and Immigration Services (USCIS) EB-5 visa requirements. 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 for the EB-5 visa
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 EB-5 capital investment was made
Evidence: audited financial statements, bank statements, and other evidence to demonstrate that the new commercial evidence received from 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 EB-5 project created the required number of jobs and that the business plan was followed
Evidence: payroll records, relevant tax documents -
Requirement: biometrics services
Evidence: The applicant must attend a 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, and 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. They are submitted to a designated Service Center in Texas. The filing fee is $9,525, and the biometric fee is $85. I-829 petitions are typically prepared with the help of an EB-5 immigration attorney. The average current processing time for the application is 46 months. An in-office interview with USCIS or other information requests may be made after the petition has been processed.
Approval of the I-829
In FY 2024, USCIS achieved record-breaking I-829 processing volumes and approval rates. More than 6,400 petitions were processed while 6,090 were approved, which is a 95% approval rate.
