Form I-829 guide: Petition by Investor to Remove Conditions on Permanent Resident Status

Wang Law Firm, LLC · David Wang, Managing Attorney · Attorney-reviewed · Updated October 2026

Form I-829, officially the Petition by Investor to Remove Conditions on Permanent Resident Status, is often called the investor's petition to remove conditions, or the petition to convert an EB-5 green card into a ten-year green card. It is adjudicated by the Immigrant Investor Program Office (IPO) of U.S. Citizenship and Immigration Services (USCIS). After an EB-5 investor's I-526E (regional center) or I-526 (standalone investment) is approved, what the investor first receives is two-year conditional permanent residence. The I-829 is used to show that over those two years the investor actually made and sustained the investment and that the project created the jobs the law requires, so that the conditions can be removed and full permanent resident status obtained.

The I-829 is the "last step" in the EB-5 process. It has a strict filing window: it must be filed within the 90 days before the second anniversary of the conditional green card. If you miss the deadline, conditional resident status terminates automatically by law. Compared with the I-751 used for marriage-based conditional green cards, the I-829 examines the investment and job creation, not whether a marriage is genuine.

At a glance

Item	Details
Official name	Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status
Agency	USCIS Immigrant Investor Program Office (IPO)
Who files	The investor holding an EB-5 conditional green card; a qualifying spouse and children can be included on the same I-829
When to file	Within the 90 days before the second anniversary of the conditional green card (the expiration date on the green card)
Online filing	Check the current guidance on the official USCIS page
Premium processing	Not available through I-907
Status after filing	After timely filing, the receipt notice extends the validity of the conditional green card by 48 months (since January 2023)
Common companion forms	G-28 (attorney representation), AR-11 (change of address)
Official page	uscis.gov/i-829

Who needs to file an I-829

Required: every investor who obtained a conditional green card through EB-5, whether the investment was through a regional center or standalone, and whether the I-526 was filed before or after the 2022 reform.
Family members: a spouse and children who obtained conditional green cards at the same time as the investor (or within 90 days after the investor obtained conditional status) are generally included on the investor's I-829 and don't need to file separately. Family members who obtained conditional status later, or in special situations such as divorce or the investor's death, may need to file separately; confirm this under the form instructions and the facts of the case.
Not applicable: people who obtained a two-year conditional green card through marriage use the I-751, not the I-829.
If you're abroad: filing an I-829 doesn't require you to be in the U.S., but you must be able to return for biometrics or an interview when notified. Living outside the U.S. for long periods can also raise the issue of the green card being considered abandoned; see Traveling abroad as a green card holder.

Legal basis and standard of review

The legal basis for the I-829 is section 216A of the Immigration and Nationality Act (INA 216A); the procedures are in the federal regulations at 8 CFR 216.6, and USCIS's adjudication guidance is in Volume 6, Part G of its Policy Manual. The investor generally must show:

The new commercial enterprise was established and is carrying on business as planned;
The required amount of capital was invested, or the investor was actively in the process of investing throughout the period of conditional residence, with the funds actually placed in the new commercial enterprise and used to create jobs;
The investment was sustained for the period the law requires: for I-526 petitions filed before the reform, the investment generally must be sustained during the two-year period of conditional residence; for those filed after the reform (from March 15, 2022), the RIA requires that the funds be expected to remain invested for not less than 2 years. When the two years begin is currently based on USCIS's interpretation in official Q&As; this has led to litigation, and the July 2026 proposed rule also addresses the investment period. There is no final rule yet, so rely on current USCIS rules;
Jobs have been created, or will be created within a reasonable time: at least 10 full-time positions per investor. Regional center projects can count indirect jobs using economic methodologies; standalone investments count only qualifying employees directly hired by the business;
During conditional residence, the investor has no other issues that would terminate status, such as fraud or misrepresentation.

Unlike the I-526E stage, which focuses on the source of funds, the I-829 stage focuses on "whether the money was actually used, where it went, and how many jobs it created." A project that progresses more slowly than expected is the main risk at the I-829 stage.

Filing deadline: the 90-day window and the consequences of late filing

How to calculate it: the conditional green card shows an expiration date (the date two years after conditional status began). The I-829 should be filed within the 90 days before that date. A petition filed too early (before the 90-day window) may be returned.
Consequences of late filing: if you don't file within the deadline, conditional permanent resident status terminates automatically at the two-year mark, and USCIS may issue a Notice to Appear, starting removal proceedings in immigration court.
Remedy: the regulations allow late filing, but you must explain in writing the good cause and extenuating circumstances for the delay, and USCIS decides whether to accept it. If you've missed the deadline, consult an attorney promptly; don't wait.

Status extension after filing

After you timely file an I-829, the receipt notice (I-797) issued by USCIS, together with the expired conditional green card, serves as proof of status. Since January 11, 2023, the I-829 receipt notice extends the validity of the conditional green card by 48 months. While the case is pending, you can use the "green card + receipt notice" to continue living and working in the U.S. and to travel. If the extension period ends and the case still hasn't been decided, or the originals are lost, you can make an appointment under USCIS guidance to obtain proof of status (such as an I-551 stamp). For the extension period, rely on what USCIS currently publishes.

Filing tips

The notes below follow the main content of the form; for specific item numbers, use the current USCIS edition:

Investor information: name, A-number, the date the conditional green card took effect, and address. Errors in the A-number or dates are a common reason for rejection.
Investment and enterprise information: the name of the new commercial enterprise, the name of the regional center (if applicable), the amount and date of investment, and the enterprise's employment. This must correspond to what was approved in the I-526/I-526E; if the project has changed, explain this truthfully.
Family information: list the spouse and children whose conditions are to be removed with yours, and the dates they obtained conditional status.
Background questions: questions about arrests, criminal matters, immigration and travel issues during conditional residence must be answered truthfully, with the relevant documents attached.
Signature: the investor signs personally; accompanying family members sign as instructed. Unsigned petitions are rejected.

Evidence and supporting documents

Copies of the front and back of the conditional green cards of the investor and accompanying family members;
Evidence of establishment and operation of the enterprise: the new commercial enterprise's formation documents, financial statements, tax returns, business licenses, etc.;
Evidence of sustained investment: bank records showing the funds entering the new commercial enterprise and being transferred to the job-creating entity (JCE), the progress of project construction or operations, and proof that the funds have not been returned to the investor;
Evidence of job creation: standalone investments usually need payroll records, quarterly payroll tax returns (Form 941), employees' W-2s and I-9s, etc.; for regional center projects, the regional center usually provides an economic analysis report, the project's actual expenditures, and proof of construction or operations;
If not all jobs have been created yet, evidence that they "will be created within a reasonable time" (project schedule, plan for spending the remaining funds, etc.);
If there is a criminal record: court and police disposition documents;
If represented by an attorney: G-28.

For regional center projects, most of the enterprise-level evidence is provided by the regional center or project sponsor, and the investor should confirm well before filing when and what the sponsor will provide. Chinese-language documents must be accompanied by a complete English translation and a translator's certification; see Translation and notarization requirements for immigration documents.

How to file and fees

File according to the filing instructions on the official USCIS page; whether online filing is available, check the official page. In August 2026 USCIS issued a framework rule allowing it, after advance notice, to require online filing for specific forms; before filing, check the official page for any new requirements. The I-829 filing fee has been adjusted in recent years; for exact amounts, rely on what USCIS currently publishes; see the USCIS fee schedule G-1055 and How to check U.S. immigration fees and processing times.

What happens after filing

Receipt notice: extends the validity of the conditional green card; be sure to keep it safe.
Biometrics: go to the Application Support Center as notified for fingerprints and a photo.
Request for evidence (RFE) or notice of intent to deny (NOID): common issues are job counting, use and sustainment of the funds, and project changes; for how to respond, see What to do when you receive an RFE.
Interview: USCIS may require an interview or may waive it.
Decision: upon approval, the conditions are removed as of the second anniversary of conditional status, and USCIS mails a ten-year green card; family members' conditions are removed at the same time.

For processing times, check the USCIS processing times page; for checking case status, see How to check your USCIS case status and what each status means.

Reasons for denial and options after a denial

The project is delayed or fails, the jobs weren't created, and it can't be shown that they will be created within a reasonable time;
The funds weren't actually invested or were returned early, failing the sustained investment requirement;
A major change to the project (such as a change in the line of business) is found to be a "material change";
Enterprise-level evidence is missing, for example because the regional center or project sponsor can't provide it;
Fraud or misrepresentation at the I-526 stage is discovered.

After an I-829 denial, the conditional permanent resident status of the investor and family members is terminated. An I-829 denial cannot be appealed to the Administrative Appeals Office (AAO), but in the removal proceedings that follow, the investor can ask the immigration judge to review the I-829 again (8 CFR 216.6(d)(2)). Whether a motion can still be filed with USCIS must be confirmed case by case based on the decision and current rules. These situations involve immigration court proceedings; consult an attorney promptly.

How the I-829 differs from similar forms

Item	I-829	I-751	I-90
Who it's for	EB-5 investors and their family members	People who obtained a conditional green card through marriage	Holders of ten-year green cards
Purpose	Remove conditions and obtain a ten-year green card	Remove conditions and obtain a ten-year green card	Renew or replace a green card
When to file	Within 90 days before the conditional green card expires	Within 90 days before the conditional green card expires	Within 6 months before the green card expires, or when it is lost or damaged
Focus of review	Sustained investment and job creation	Whether the marriage is genuine	Identity information
Can the I-90 be used instead?	Conditional green card holders can't renew with an I-90; they must remove conditions through the I-829 or I-751

Frequently asked questions

Can I travel abroad while my I-829 is pending?

Yes. After timely filing, the expired conditional green card plus the I-829 receipt notice serves as proof of status for returning to the U.S. But be aware that long absences from the U.S. can raise the issue of the green card being considered abandoned, and make sure you can return for biometrics or an interview when notified.

My I-829 hasn't been approved yet. Can I apply for naturalization?

Time as a conditional resident counts toward the residence period required for naturalization (generally 5 years), and you can file an N-400 once you meet the requirements. But USCIS generally must first approve the I-829 and remove the conditions before it can approve the naturalization application. You can estimate the timing with the N-400 filing date calculator; see the naturalization guide.

The project hasn't created all 10 jobs yet. Can I still file the I-829?

You must file on time; you can't delay because the jobs aren't complete. The regulations allow you to show that jobs "will be created within a reasonable time," in which case you need to provide evidence such as the project schedule and the plan for using the remaining funds. Whether the evidence is sufficient depends on the specifics of the project.

I divorced before filing the I-829. What about my former spouse?

The investor's own I-829 isn't affected by the divorce. A former spouse who obtained a conditional green card as a derivative beneficiary can generally file a separate I-829 to remove conditions, still based on the investor's investment and job creation. The specific approach must be confirmed under the form instructions and the facts of the case.

The extension period on my receipt notice has ended and my case still isn't approved. What should I do?

You can make an appointment under USCIS guidance to obtain temporary proof of status (such as an I-551 stamp in your passport) so you can keep working and traveling. You can also, where appropriate, make a case inquiry with USCIS.

Can an I-829 get premium processing?

Not through I-907. If there is a genuine emergency, you can submit an expedite request to USCIS, but USCIS decides at its discretion.