What Is Form I-829?

Form I-829 must be filed during the 90-day window before the second anniversary of the investor's conditional permanent residence. The filing window opens 90 days before the expiration date on the investor's conditional green card and closes on that expiration date.

If the investor misses this window, USCIS may still accept a late filing with an explanation, but a missed deadline can trigger removal proceedings. Late filing is a serious risk and should be avoided.

The two-year conditional period begins on the date the investor is admitted as a conditional permanent resident: the date of I-485 approval (for adjustment of status) or the date of admission at a U.S. port of entry (for consular processing).

The investment was sustained: The full capital amount was invested in the new commercial enterprise throughout the conditional residence period and remains invested at the time of filing.

The investor invested in good faith: The investment was not merely to evade immigration laws. The investor intended to create jobs and contribute to the U.S. economy.

The job creation requirement was met or will be met within a reasonable time: At least 10 full-time jobs were created, or the investor can show that the jobs will be created within a reasonable period. For regional center investors, indirect and induced jobs are included.

Documentation typically required includes: federal income tax returns for the two-year conditional period, evidence that the new commercial enterprise was established and maintained, evidence that the required capital was invested and sustained, and evidence of job creation.

For regional center investors, the regional center typically provides updated economic impact analyses, project financial statements, and job creation progress reports.

If the business plan changes significantly between I-526E approval and I-829 filing, USCIS may treat the I-829 as if it were a new petition. This is known as the "material change" doctrine, established in Matter of Izummi and codified in USCIS policy guidance.

A "material change" occurs when the fundamental nature of the investment differs from what was described in the original petition. Examples include situations where the project type changes (a hotel becomes condominiums), the job creation methodology shifts substantially, or the new commercial enterprise changes its primary business activity.

Minor operational adjustments, such as construction delays or budget revisions that remain within the original scope, are generally not treated as material changes. USCIS evaluates each case on its facts, considering whether the overall investment thesis and job creation plan remain consistent with the approved petition.

The EB-5 Reform and Integrity Act introduced new provisions for redeployment of capital within regional center projects, which may affect how USCIS evaluates material change for investments that are redeployed after the initial project concludes. Investors whose projects undergo significant changes should consult counsel well before the I-829 filing window opens.

While the I-829 is pending, USCIS automatically extends the investor's conditional permanent residence in 24-month increments. The I-797C receipt notice serves as evidence of the extension and, combined with the conditional green card, constitutes proof of continued permanent resident status.

I-829 processing times have historically been among the longest in the EB-5 process. Check the EB5Status Processing Times page for current ranges.