Forms

Form I-829

Also called I-829, Petition by Investor to Remove Conditions on Permanent Resident Status.

Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, is the petition an EB-5 conditional permanent resident files in the 90 days before the second anniversary of that status, asking USCIS to confirm the capital was invested and the ten jobs created and to make the green card unconditional.

What it decides

8 U.S.C. 1186b(d)(2)(A) sets the window: the 90 days immediately preceding the second anniversary of lawful admission for permanent residence, which is the expiry date printed on the conditional card. File late and status terminates as of that anniversary and removal follows, unless USCIS excuses the delay for good cause and extenuating circumstances under 1186b(d)(2)(B). Since the 2022 Act the petition must show that the investor invested the requisite capital, created the jobs required by 1153(b)(5)(A)(ii) or is actively creating them, and otherwise conforms to 1153(b)(5). The older demand that the investment be sustained throughout residence in the United States survives only in 8 CFR 216.6 and in Policy Manual Volume 6, Part G, Chapter 7, both of which predate the Act. Where the jobs are still coming, 1186b(c)(3)(B)(ii) allows a one year extension of conditional status. The Act also made a site visit, and an interview unless waived, conditions of approval. The fee is $3,750 on Form G-1055.

Governed by 8 U.S.C. 1186b(c) and (d), as rewritten by the EB-5 Reform and Integrity Act of 2022, section 104(a); 8 CFR 216.6(a)(1)(i), (a)(5), (a)(6) and (c)(1), still in pre-2022 form; USCIS Policy Manual Volume 6, Part G, Chapter 7, which carries an alert saying it predates the Act and still states sustainment through conditional residence; USCIS page uscis.gov/i-829, last updated 1 June 2026, for the filing window and late filing; Form G-1055, edition 05/29/26, for the $3,750 fee. 8 CFR 106.2 is not usable for the fee: it still shows the stayed $9,525.

Where this is explained properly

Pages here that go into form i-829 rather than mentioning it.

Related terms

Removal of conditionsRemoval of conditions is the last EB-5 filing, Form I-829, submitted in the 90 days before the second anniversary of conditional residence, in which the investor shows the required capital was invested and kept invested for the period the law requires and that ten full-time jobs were created or can be expected within a reasonable time.
Conditional permanent residenceConditional permanent residence is the status an EB-5 investor and their spouse and children hold for the first two years: full lawful permanent residence, evidenced by a Green Card valid for two years, whose conditional basis must be removed on Form I-829 or the status ends.
90 day filing windowThe 90 day filing window is the 90 day period immediately preceding the second anniversary of the date an EB-5 investor obtained conditional permanent residence, and it is the period in which Form I-829 must be filed to remove the conditions; filing early gets the petition rejected and failing to file terminates status on that anniversary.
Sustainment periodThe period an EB-5 investor's capital must stay invested. For a petition filed on or after 15 March 2022 it is two years, and USCIS counts it from the date the capital was contributed to the new commercial enterprise and placed at risk, not from admission as a conditional resident. For a petition filed before that date it is instead the two years of conditional permanent residence.
Form G-1055Form G-1055 is the USCIS fee schedule, the single document listing the fee currently in effect for every USCIS form, and for EB-5 it is the figure USCIS will actually accept, because the EB-5 amounts printed in 8 CFR 106.2 are stayed and are rejected on filing.

Checked against primary sources on 10 August 2026. Back to the glossary