What are conditional permanent residence and Form I-829 in the EB-5 process?

When EB-5 investors and their derivative family members are approved, they first receive conditional permanent resident status that lasts two years. This conditional period exists so USCIS can verify that the investment was sustained and the required jobs were actually created.

To remove the conditions, you file Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, generally within the 90 days before the two-year anniversary of obtaining conditional residence. If USCIS is satisfied the requirements were met, the conditions are removed and you and your qualifying family members become lawful permanent residents without conditions. Missing the I-829 window can jeopardize your status.