Process and timing

Termination of status and notice to appear

Also called notice to appear, NTA, Form I-862.

Termination of status is the end of an EB-5 investor's conditional permanent residence, which happens automatically as of the second anniversary if the Form I-829 is never filed or the interview is missed, and as of the decision date if the petition is denied. The notice to appear issued with it is the charging document, Form I-862, that places the investor in removal proceedings.

What it decides

Missing the 90 day window before the second anniversary terminates the status automatically under 8 CFR 216.6(a)(5), and so does failing to appear for the I-829 interview under 216.6(b)(3); in both, the investor carries the burden in removal proceedings of showing compliance by a preponderance of the evidence. A denial ends the status of the investor, the spouse and the children as of the date of the written decision under 216.6(d)(2), and there the burden flips to USCIS to show that the petition's facts are not true. USCIS can also terminate before the second anniversary under 8 U.S.C. 1186b(b) if the investment was a device to evade the immigration laws. No appeal lies from any of these; review is only before an immigration judge, and USCIS issues a temporary Form I-551 until an order of removal is administratively final. A late petition accepted for good cause and extenuating circumstances lets USCIS cancel the notice to appear under 8 CFR 239.2(a)(5), but only before jurisdiction vests with the court under 8 CFR 1003.14.

Governed by 8 CFR 216.6(a)(5), (b)(3) and (d)(2) for the three termination routes and for both burdens of proof; 8 U.S.C. 1186b(b), (c)(2)(A), (c)(2)(B) and (c)(3)(D) for the same rules in statute and for termination before the second anniversary; 8 CFR 239.1 and 239.2(a)(5) for issuance and cancellation of the notice to appear, and 8 CFR 1003.14 for when jurisdiction vests with the immigration judge; 8 U.S.C. 1229(a)(1), which is where the phrase notice to appear comes from, and the Department of Justice EOIR pages, which identify the document as Form I-862. USCIS Policy Manual Volume 6, Part G, Chapter 7, current as of 5 August 2026, for the temporary Form I-551 issued after an I-829 denial; that chapter is otherwise unreliable here because it still carries its Behring alert and predates the Reform and Integrity Act. 8 CFR 216.6 itself has not been amended since 2020 and DHS proposed to rewrite 8 CFR parts 204, 205, 216 and 235 on 2 July 2026, RIN 1615-AC94, comments closing 31 August 2026.

Where this is explained properly

Pages here that go into termination of status and notice to appear rather than mentioning it.

I-829 Denials and Appeals: Options If Conditions Aren’t Removed

Related terms

Form I-829Form 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.
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.
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.
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.
Denial and revocationDenial and revocation are the two ways USCIS refuses an EB-5 petition: a denial rejects a petition that has not established eligibility, and a revocation withdraws an approval already granted, which is why an approved EB-5 petition is never finally settled.

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