I-829 EB-5 Removal of Conditions: The Investor’s Guide to Permanent Residency

Form I-829 is the pivotal final step for EB-5 investors seeking to secure permanent U.S. residency. This extensive guide covers everything you need to know about Form I-829: its purpose, evidence requirements for Regional Center investments, processing times, your status while it’s pending, how it affects your citizenship journey, and key FAQs, including the important connection between I-829 reporting and Behring’s operations as a real estate developer. 

 

What Is Form I-829? 

 

Form I-829, “Petition by Investor to Remove Conditions on Permanent Resident Status,” is filed by EB-5 investors and their families to convert their two-year conditional green cards into permanent ones. The form must be filed within the 90-day period before the expiration of conditional permanent residence—typically about two years after first receiving the green card. 

 

What Do You Need to Prove? (Regional Center Focused)

 

EB-5 investors, especially those who invested through Regional Centers, must assemble strong documentation in these areas:

1. Capital Investment

• Proof your full qualifying investment was made. 

• Regional Center investors must show funds went from the investor into the new commercial enterprise (NCE) and then into the job-creating project. 

• Evidence includes: wire transfers, escrow confirmations, subscription agreements, audited financials, and bank statements. 

 

2. Sustaining the Investment

• Investment must remain “at risk” for at least two years, per USCIS requirements. 

• Evidence includes: consistent business operations, tax returns, quarterly/annual reports, and proof that the invested funds were never withdrawn prematurely. 

 

 3. Job Creation

• At least 10 full-time U.S. jobs per investor must be created (or retained). 

• Regional Center projects can count indirect jobs (supported by economic modeling). 

• Evidence includes: economic impact studies, payroll, tax filings, loan draws, invoices for materials where applicable, and I-9s.  Regional Centers must closely connect expenditures to job creation, whether direct, indirect or induced.

 

4. Personal Documentation

• Copies of both sides of all green cards. 

• Proof of identity and family relationships. 

 

How Long Does Form I-829 Take? 

 

Processing times may vary:

• USCIS average (2025): According to USCIS.gov, 80% of cases are completed within 46 months. Ultimately, processing times may vary due to several factors, including the complexity of your case and USCIS workload.  However, USCIS has begun digitization of this product line, and Regional Centers and attorneys are reporting faster approvals across the board, including as little as eight months for a Behring investor.   

• USCIS recognizes variance in processing and therefore your Lawful Status is automatically extended for 48 months once you file I-829 with the receipt notice.  This allows you to live, work, and travel using your expired green card along with the I-829 receipt. 

Complete documentation and prompt responses to USCIS requests can help reduce delays, but processing delays are to be expected. 

 

Am I Out of Status While I-829 Is Pending? 

 

No—you are not out of status while your I-829 is pending as long as you filed on time:

• USCIS extension notice with your expired green card is valid for work, travel, and reentry for 48 and months and can be renewed. 

• You remain a conditional permanent resident until your conditions are removed.  

 

Can I Apply for U.S. Citizenship If My I-829 Is Still Pending?

 

Yes—you can apply for U.S. citizenship (naturalization) even while your I-829 is pending, provided you meet eligibility requirements:

• Time spent as a conditional permanent resident counts toward the five years of permanent residency needed for naturalization along with the requirement of continuous presence in the U.S.  

• You may file Form N-400 Application for Naturalization and complete your interview at a Field Office, but USCIS will not schedule you for an oath ceremony to become a U.S. Citizen until your I-829 is approved. This means you won’t lose your place in line to start the naturalization filing due to I-829 delays; the final approval simply waits for the lifting of conditions. 

 

Other Frequently Asked Questions 

 

1. What if I miss the 90-day I-829 filing window?
Late filings may be excused for good cause, but you face possible loss of status if requirements aren’t met.  Behring tracks these dates internally and works with your law firm to make sure the documents are ready for your filing.

 

2. Can my spouse and children be included on my I-829?
Yes—family members (spouse and unmarried children under 21) should be listed unless separated or divorced; otherwise, they may need to file separately.

 

3. What happens if my I-829 is denied?
The Reform and Integrity Act of 2022 has protections which will actually allow you to keep your initial Priority Date in the event of an I-829 denial.  Otherwise, a denial could result in loss of status for you and your qualifying family and force you to consider an appeal or to contest your case in Immigration Court or Federal Court. Because of Behring’s Job Creation guarantees and excellent reporting systems as a real estate developer, you can expect our 100% approval rate to continue, which is above the typical 90% to 95% rate published recently by USCIS.

 

4. Do I need an interview?
USCIS often requires biometrics, and may request interviews for further evidence, especially if job creation or investment sustainment is unclear.  Typically, the approval is sent without an interview.

 

5. How soon will I get my 10-year green card after approval?
You should receive your permanent green card by mail within a few weeks of the I-829 approval.

 

6. Can I travel while my I-829 is pending? 
Yes—as long as you carry your I-829 receipt and expired conditional green card. 

 

7. If the Regional Center Program lapses, who will be responsible for getting my I-829 documents together? 
Even if the Regional Center Program were to lapse, Behring’s real estate platform remains active. Because we’re directly invested in the same real estate outcomes as our EB-5 investors, we’ll continue managing reporting and documentation to support your I-829 filing, regardless of changes to the EB-5 program.

 

In Summary 

 

Form I-829 is the gateway to full U.S. permanent residency for EB-5 investors and their families. Regional Center investors must prove that their funds were properly invested, sustained, and led to sufficient job creation, often using more complex indirect models. Though adjudication may vary, your status remains valid and you can keep working, traveling, and even apply for citizenship while waiting on USCIS. Thorough evidence, good legal support, and careful timing are your best allies for a smooth I-829 journey.