What is the I-829 petition?

The I-829 petition is the final step of the EB-5 visa process for immigrant investors to become lawful permanent residents of the United States. The I-829 petition includes evidence that the immigrant investor successfully met all United States Citizenship and Immigration Services (USCIS) requirements of the EB-5 program. Once the I-829 is approved, the investor’s conditional residency restriction is removed so that the investor, their spouse and their unmarried children under the age of 21 can live in the United States permanently.

The EB-5 investor can file the I-829 petition with USCIS starting 90 days before the end of the two year conditional permanent status period. The applicant’s conditional residency will be extended while the I-829 is processed. The I-829 application must be filed within 21 to 24 months of the investor’s two year conditional residency period, otherwise the ability to obtain a permanent residency card can be jeopardized.