Form I-829 Explained
A Comprehensive Guide to Removing Conditions on EB-5 Green Cards
By TRW Law Firm | Immigration & Investment Advisory Division
For EB-5 investors and their families, Form I-829 represents the final and most critical step in solidifying their permanent future in the United States. It is the formal petition to remove the conditions on your two-year conditional green card, paving the way for a permanent 10-year green card and ultimately, U.S. citizenship.
Handled incorrectly, this stage can cause delays, denials, or even loss of residency. At TRW Law Firm, our seasoned immigration attorneys routinely guide high-net-worth investors, regional center affiliates, and their families through the complexities of Form I-829, ensuring strategic compliance and peace of mind.
This guide offers a thorough understanding of the timeline, cost, requirements, and strategic considerations associated with Form I-829.
🟢 What Is Form I-829?
Form I-829, officially titled “Petition by Investor to Remove Conditions on Permanent Resident Status,” is used by EB-5 Immigrant Investors to remove the conditional status of their residency. Approved I-829 petitioners receive a 10-year permanent green card, and are no longer subject to the investment-related conditions that initially granted them residency.
🔍 Key Purposes:
🟩 Demonstrate that the required investment was sustained
🟩 Show that the investment created or preserved at least 10 full-time U.S. jobs
🟩 Prove that the enterprise is still in operation
🕓 Timeline & Processing Time (2025 Update)
As of March 2025, USCIS has dramatically reduced the processing time for Form I-829:
| Year | Average Processing Time |
|---|---|
| 2024 | 41 months |
| 2025 (Current) | 7.1 months |
However, processing times can still vary based on:
🟩 USCIS workload
🟩 Completeness of submission
🟩 Quality of documentation
🟩 Whether a Request for Evidence (RFE) is issued
📌 Tip: Always consult the USCIS Processing Times page for real-time updates.
📅 When to File: Understanding the 90-Day Filing Window
The expiration date on your green card is the second anniversary of your conditional permanent residency. You are required to file Form I-829 within the 90-day period immediately before this expiration date.
| Conditional Residency Ends | Earliest Filing Date | Latest Filing Date |
|---|---|---|
| December 31, 2025 | October 2, 2025 | December 31, 2025 |
⛔ Early Filing: Will be rejected unless the 90-day period has commenced.
⛔ Late Filing: May result in loss of status unless supported by good cause with written explanation.
💰 Cost of Filing Form I-829
The current USCIS fee for Form I-829 is:
🟩 $9,525 Total
- Form Filing Fee: $3,750
- Biometric Services Fee: $85 (per person, typically for the primary applicant and each family member)
Accepted payment methods:
🟩 Personal Check
🟩 Cashier’s Check
🟩 Money Order
🟩 Credit/Debit Card via Form G-1450
💡 Important:
- Filing fees are non-refundable.
- Fees are required even if the petition is later denied.
✅ Eligibility Requirements
To qualify for Form I-829 approval, the petitioner must meet all of the following criteria:
🟩 1. Conditional Permanent Residency
You must have received your conditional green card through the EB-5 program (direct or regional center investment).
🟩 2. Filing Within the 90-Day Window
File within 90 days before your card’s expiration. Late filings may be accepted only if:
- There was extraordinary cause (e.g., illness, disaster)
- A detailed written explanation is submitted
🟩 3. Valid EB-5 Investment
You must prove:
- The minimum investment was made ($1.05 million or $800,000 in a TEA)
- The funds were legally obtained
- The investment was sustained through the 2-year conditional period
🟩 4. Job Creation
You must show that your investment has:
- Created or preserved 10 full-time jobs
- Jobs were for qualified U.S. workers (not the investor or family)
📑 Required Supporting Documents
A successful I-829 petition must be backed by robust documentation. Below is a breakdown of what you’ll need:
🔸 Proof of Investment
- Wire transfers and bank records showing capital injection
- Capitalization tables and investment agreements
- USCIS Form I-526 approval copy
🔸 Proof of Business Operations
- Business license and articles of incorporation
- Payroll summaries, employee I-9 forms
- Lease agreements, utility bills, and tax returns
🔸 Job Creation Evidence
- Quarterly IRS Form 941 (Employer’s Tax Return)
- Organizational charts and employment logs
- Proof of full-time positions (35+ hours/week)
🔸 Financial Documentation
- Tax returns (federal, state)
- Bank statements
- Profit and loss statements
🔸 Personal Documentation
- Copies of conditional green cards (front and back)
- Current valid passports
- Marriage certificate (if applicable for derivative beneficiaries)
- Birth certificates for dependents
📌 Tip: All documents should come from the same edition of the form version. USCIS often rejects mixed editions.
🛡️ What Happens After Filing?
After you file your I-829, USCIS will:
- Issue a Receipt Notice (Form I-797)
- Automatically extends your conditional residency by 48 months
- Serves as valid proof of status during the review period
- Schedule a Biometrics Appointment
- Fingerprints and photo will be taken
- All family members must attend, if applicable
- Review Petition
- USCIS may issue an RFE if any part of the petition is incomplete or unclear
- Approval or Denial
- Upon approval, you and your dependents receive a 10-year green card
- If denied, conditional status may be terminated
📌 Key Considerations for Regional Center Investments
For EB-5 investments through Regional Centers, it is not necessary for the investor to be directly involved in daily operations. However, investors must still prove that:
🟩 Their investment has been sustained
🟩 Their capital contributed to the creation or preservation of 10 jobs
Common supporting documents in Regional Center cases include:
- Economic impact reports
- Affidavits from the Regional Center
- Job creation models (RIMS II or IMPLAN)
📍 I-829 and Derivative Family Members
Spouses and unmarried children under 21 are considered derivative beneficiaries. You may include them on your I-829 petition.
🟩 They do not file separate forms
🟩 Their biometrics must also be completed
🟩 If a child turns 21 during the pending period, they remain protected under the Child Status Protection Act (CSPA)
❓ Frequently Asked Questions (FAQs)
🔹 When should I file Form I-829?
Within the 90-day window before your conditional green card expires.
🔹 What if I miss the deadline?
USCIS may accept a late filing if good cause is shown. Otherwise, you may lose your conditional status and face removal proceedings.
🔹 Can I still file if my card expired?
No. Filing after expiration without a valid explanation will lead to automatic denial.
🔹 What if USCIS asks for more information?
You must respond to the Request for Evidence (RFE) fully and promptly. Delayed or insufficient responses can result in denial.
🔹 Can I travel while I-829 is pending?
Yes, with proper documents:
- Expired green card
- I-829 Receipt Notice (Form I-797)
- Valid passport
These documents serve as proof of continued lawful status.
🔹 Is there a refund if denied?
No. The USCIS fee is non-refundable, regardless of outcome.
✈️ Travel During I-829 Processing
While the I-829 is pending, you remain in valid status. You can travel internationally and re-enter the U.S. if you carry:
🟩 Expired Conditional Green Card
🟩 I-829 Receipt Notice (Form I-797)
🟩 Valid passport
CBP officers will admit you under the same category until a final decision is made.
📋 Sample USCIS Case Timeline (Direct Investment)
| Month | Action Taken |
|---|---|
| Month 0 | File I-829 + supporting docs |
| Month 1 | Receive Receipt Notice (I-797) |
| Month 2 | Attend Biometrics |
| Month 5–7 | USCIS adjudication |
| Month 7 | Green card approved |
📣 USCIS Red Flags to Avoid
❌ Incomplete or outdated form versions
❌ Failure to prove job creation
❌ Lack of sufficient documentation on funds
❌ Evidence of funds from illegal sources
❌ Filing outside the 90-day window without cause
🧠 Strategic Insights from TRW Law Firm
Our legal team has identified common client mistakes and resolved dozens of complex I-829 cases. Here’s what we’ve learned:
🟩 Start early: Document business activity and job creation from the beginning of your investment.
🟩 Keep financials clean: Ensure that taxes, employee benefits, and payroll are consistently maintained.
🟩 Retain evidence of lawful source of funds: Bank transfers and tax documents from the initial investment stage should be preserved.
🟩 Regional Center caution: Ask for regular updates on job creation modeling and any economic impact reporting.
🟩 Stay informed: USCIS policy changes occur often. Work with an immigration attorney to stay ahead.
👨⚖️ TRW Law Firm: Your Immigration Partner
TRW Law Firm is a leading global immigration law firm representing high-net-worth individuals, regional centers, and foreign entrepreneurs navigating the EB-5 and I-829 process.
🟩 End-to-end EB-5 support (from I-526 to I-829)
🟩 Custom documentation audit and RFE support
🟩 Source of funds planning and compliance
🟩 Family-based derivative processing
🟩 International tax advisory in collaboration with U.S. CPAs
📞 Contact TRW Law Firm
📍 Head Office
TRW Law Firm
House 410, Road 29, Mohakhali DOHS, Dhaka, Bangladesh
📍 International Offices
- Dubai: Rolex Building, Sheikh Zayed Road
- London: 330 High Holborn, City of London
📞 Phone Numbers
+8801708000660
+8801847220062
+8801708080817
📧 Email
info@trfirm.com
info@trwbd.com
info@tahmidur.com
🧾 Final Summary Table
| Feature | Details |
|---|---|
| Form Purpose | Remove conditions on EB-5 green card |
| USCIS Fee | $9,525 total |
| Eligibility | EB-5 investor, 2 years conditional status |
| Filing Window | 90 days before green card expiration |
| Processing Time | ~7.1 months (as of 2025) |
| Supporting Docs | Proof of investment, job creation, ID |
| Travel | Allowed with expired card + I-797 |
| Derivatives | Included in primary petition |
| Refund Policy | No refund if denied |
✅ Conclusion
Contact TRW Law Firm today to secure your success in the final step of the EB-5 journey.
A Comprehensive Guide to Removing Conditions on EB-5 Green Cards
By TRW Law Firm | Immigration & Investment Advisory Division
🟩 Introduction
For EB-5 investors and their families, Form I-829 represents the final and most critical step in solidifying their permanent future in the United States. It is the formal petition to remove the conditions on your two-year conditional green card, paving the way for a permanent 10-year green card and ultimately, U.S. citizenship.
Handled incorrectly, this stage can cause delays, denials, or even loss of residency. At TRW Law Firm, our seasoned immigration attorneys routinely guide high-net-worth investors, regional center affiliates, and their families through the complexities of Form I-829, ensuring strategic compliance and peace of mind.
This guide offers a thorough understanding of the timeline, cost, requirements, and strategic considerations associated with Form I-829.
🟢 What Is Form I-829?
Form I-829, officially titled “Petition by Investor to Remove Conditions on Permanent Resident Status,” is used by EB-5 Immigrant Investors to remove the conditional status of their residency. Approved I-829 petitioners receive a 10-year permanent green card, and are no longer subject to the investment-related conditions that initially granted them residency.
🔍 Key Purposes:
🟩 Demonstrate that the required investment was sustained
🟩 Show that the investment created or preserved at least 10 full-time U.S. jobs
🟩 Prove that the enterprise is still in operation
🕓 Timeline & Processing Time (2025 Update)
As of March 2025, USCIS has dramatically reduced the processing time for Form I-829:
| Year | Average Processing Time |
|---|---|
| 2024 | 41 months |
| 2025 (Current) | 7.1 months |
However, processing times can still vary based on:
🟩 USCIS workload
🟩 Completeness of submission
🟩 Quality of documentation
🟩 Whether a Request for Evidence (RFE) is issued
📌 Tip: Always consult the USCIS Processing Times page for real-time updates.
📅 When to File: Understanding the 90-Day Filing Window
The expiration date on your green card is the second anniversary of your conditional permanent residency. You are required to file Form I-829 within the 90-day period immediately before this expiration date.
| Conditional Residency Ends | Earliest Filing Date | Latest Filing Date |
|---|---|---|
| December 31, 2025 | October 2, 2025 | December 31, 2025 |
⛔ Early Filing: Will be rejected unless the 90-day period has commenced.
⛔ Late Filing: May result in loss of status unless supported by good cause with written explanation.
💰 Cost of Filing Form I-829
The current USCIS fee for Form I-829 is:
🟩 $9,525 Total
- Form Filing Fee: $3,750
- Biometric Services Fee: $85 (per person, typically for the primary applicant and each family member)
Accepted payment methods:
🟩 Personal Check
🟩 Cashier’s Check
🟩 Money Order
🟩 Credit/Debit Card via Form G-1450
💡 Important:
- Filing fees are non-refundable.
- Fees are required even if the petition is later denied.
✅ Eligibility Requirements
To qualify for Form I-829 approval, the petitioner must meet all of the following criteria:
🟩 1. Conditional Permanent Residency
You must have received your conditional green card through the EB-5 program (direct or regional center investment).
🟩 2. Filing Within the 90-Day Window
File within 90 days before your card’s expiration. Late filings may be accepted only if:
- There was extraordinary cause (e.g., illness, disaster)
- A detailed written explanation is submitted
🟩 3. Valid EB-5 Investment
You must prove:
- The minimum investment was made ($1.05 million or $800,000 in a TEA)
- The funds were legally obtained
- The investment was sustained through the 2-year conditional period
🟩 4. Job Creation
You must show that your investment has:
- Created or preserved 10 full-time jobs
- Jobs were for qualified U.S. workers (not the investor or family)
📑 Required Supporting Documents
A successful I-829 petition must be backed by robust documentation. Below is a breakdown of what you’ll need:
🔸 Proof of Investment
- Wire transfers and bank records showing capital injection
- Capitalization tables and investment agreements
- USCIS Form I-526 approval copy
🔸 Proof of Business Operations
- Business license and articles of incorporation
- Payroll summaries, employee I-9 forms
- Lease agreements, utility bills, and tax returns
🔸 Job Creation Evidence
- Quarterly IRS Form 941 (Employer’s Tax Return)
- Organizational charts and employment logs
- Proof of full-time positions (35+ hours/week)
🔸 Financial Documentation
- Tax returns (federal, state)
- Bank statements
- Profit and loss statements
🔸 Personal Documentation
- Copies of conditional green cards (front and back)
- Current valid passports
- Marriage certificate (if applicable for derivative beneficiaries)
- Birth certificates for dependents
📌 Tip: All documents should come from the same edition of the form version. USCIS often rejects mixed editions.
🛡️ What Happens After Filing?
After you file your I-829, USCIS will:
- Issue a Receipt Notice (Form I-797)
- Automatically extends your conditional residency by 48 months
- Serves as valid proof of status during the review period
- Schedule a Biometrics Appointment
- Fingerprints and photo will be taken
- All family members must attend, if applicable
- Review Petition
- USCIS may issue an RFE if any part of the petition is incomplete or unclear
- Approval or Denial
- Upon approval, you and your dependents receive a 10-year green card
- If denied, conditional status may be terminated
📌 Key Considerations for Regional Center Investments
For EB-5 investments through Regional Centers, it is not necessary for the investor to be directly involved in daily operations. However, investors must still prove that:
🟩 Their investment has been sustained
🟩 Their capital contributed to the creation or preservation of 10 jobs
Common supporting documents in Regional Center cases include:
- Economic impact reports
- Affidavits from the Regional Center
- Job creation models (RIMS II or IMPLAN)
📍 I-829 and Derivative Family Members
Spouses and unmarried children under 21 are considered derivative beneficiaries. You may include them on your I-829 petition.
🟩 They do not file separate forms
🟩 Their biometrics must also be completed
🟩 If a child turns 21 during the pending period, they remain protected under the Child Status Protection Act (CSPA)
❓ Frequently Asked Questions (FAQs)
🔹 When should I file Form I-829?
Within the 90-day window before your conditional green card expires.
🔹 What if I miss the deadline?
USCIS may accept a late filing if good cause is shown. Otherwise, you may lose your conditional status and face removal proceedings.
🔹 Can I still file if my card expired?
No. Filing after expiration without a valid explanation will lead to automatic denial.
🔹 What if USCIS asks for more information?
You must respond to the Request for Evidence (RFE) fully and promptly. Delayed or insufficient responses can result in denial.
🔹 Can I travel while I-829 is pending?
Yes, with proper documents:
- Expired green card
- I-829 Receipt Notice (Form I-797)
- Valid passport
These documents serve as proof of continued lawful status.
🔹 Is there a refund if denied?
No. The USCIS fee is non-refundable, regardless of outcome.
✈️ Travel During I-829 Processing
While the I-829 is pending, you remain in valid status. You can travel internationally and re-enter the U.S. if you carry:
🟩 Expired Conditional Green Card
🟩 I-829 Receipt Notice (Form I-797)
🟩 Valid passport
CBP officers will admit you under the same category until a final decision is made.
📋 Sample USCIS Case Timeline (Direct Investment)
| Month | Action Taken |
|---|---|
| Month 0 | File I-829 + supporting docs |
| Month 1 | Receive Receipt Notice (I-797) |
| Month 2 | Attend Biometrics |
| Month 5–7 | USCIS adjudication |
| Month 7 | Green card approved |
📣 USCIS Red Flags to Avoid
❌ Incomplete or outdated form versions
❌ Failure to prove job creation
❌ Lack of sufficient documentation on funds
❌ Evidence of funds from illegal sources
❌ Filing outside the 90-day window without cause
🧠 Strategic Insights from TRW Law Firm
Our legal team has identified common client mistakes and resolved dozens of complex I-829 cases. Here’s what we’ve learned:
🟩 Start early: Document business activity and job creation from the beginning of your investment.
🟩 Keep financials clean: Ensure that taxes, employee benefits, and payroll are consistently maintained.
🟩 Retain evidence of lawful source of funds: Bank transfers and tax documents from the initial investment stage should be preserved.
🟩 Regional Center caution: Ask for regular updates on job creation modeling and any economic impact reporting.
🟩 Stay informed: USCIS policy changes occur often. Work with an immigration attorney to stay ahead.
👨⚖️ TRW Law Firm: Your Immigration Partner
TRW Law Firm is a leading global immigration law firm representing high-net-worth individuals, regional centers, and foreign entrepreneurs navigating the EB-5 and I-829 process.
🟩 End-to-end EB-5 support (from I-526 to I-829)
🟩 Custom documentation audit and RFE support
🟩 Source of funds planning and compliance
🟩 Family-based derivative processing
🟩 International tax advisory in collaboration with U.S. CPAs
📞 Contact TRW Law Firm
📍 Head Office
TRW Law Firm
House 410, Road 29, Mohakhali DOHS, Dhaka, Bangladesh
📍 International Offices
- Dubai: Rolex Building, Sheikh Zayed Road
- London: 330 High Holborn, City of London
📞 Phone Numbers
+8801708000660
+8801847220062
+8801708080817
📧 Email
info@trfirm.com
info@trwbd.com
info@tahmidur.com
🧾 Final Summary Table
| Feature | Details |
|---|---|
| Form Purpose | Remove conditions on EB-5 green card |
| USCIS Fee | $9,525 total |
| Eligibility | EB-5 investor, 2 years conditional status |
| Filing Window | 90 days before green card expiration |
| Processing Time | ~7.1 months (as of 2025) |
| Supporting Docs | Proof of investment, job creation, ID |
| Travel | Allowed with expired card + I-797 |
| Derivatives | Included in primary petition |
| Refund Policy | No refund if denied |
✅ Conclusion
Filing Form I-829 is the culmination of a significant journey—legally, financially, and emotionally. It validates your contribution to the U.S. economy and secures your family’s long-term status in the country. Don’t leave it to chance.
Contact TRW Law Firm today to secure your success in the final step of the EB-5 journey.