Form I-829: Removing Conditions on EB-5 Green Card

An EB-5 conditional green card is valid for 2 years. To convert it to a permanent (10-year) green card, the investor files Form I-829 inside a 90-day window before the conditional card's expiration. Approval requires proving the at-risk investment was sustained AND that 10 full-time jobs were created.

• •Filing window: the 90 days immediately before the 2-year conditional GC expires. Late filing requires a strong justification.
• •Job creation proof: for Regional Center investors, an updated economic study showing the project created 10 jobs per investor (calculated indirect + direct + induced). For Direct EB-5, payroll records for 10 W-2 employees.
• •At-risk proof: bank statements and project records showing capital remained deployed across the sustainment window. Post-RIA, the sustainment requirement is 2 years from initial NCE-to-JCE deployment — no longer the full 5-year hold.
• •Family included: spouse and unmarried children under 21 (CSPA-protected) are included in the same I-829.
• •Adjudication time: historically 18-30+ months. Filing creates an automatic extension of conditional GC status until the I-829 is decided.
• •Repayment timing: capital repayment usually happens after I-829 approval — but the at-risk requirement only mandates capital remain at risk through the 2-year sustainment, not necessarily through I-829 adjudication.

I-829 is the final structural test of an EB-5 project. Projects with under-performing job creation create I-829 risk for every investor in the cohort — vetting jobs-per-investor margin at the I-526E stage is the protection.