Filing the I-829 Petition: Process and Timeline

The Immigrant Investor Program (EB-5) requires immigrant investors to file Form I-829, Petition by Alien Entrepreneur, to remove the conditions placed on their permanent resident status. This crucial step confirms that the required capital investment has been sustained and that the requisite number of full-time jobs have been created or preserved. Understanding the process and timeline is essential for a successful outcome.

Prerequisites for Filing Form I-829

Before submitting the petition, the investor must ensure all EB-5 compliance requirements have been met during the two-year conditional residency period. Key prerequisites include:

• Sustained Investment: The full required capital amount (typically $800,000 or $1,050,000) must remain fully invested in the qualifying commercial enterprise.
• Job Creation: Documented evidence that at least 10 full-time equivalent jobs have been created for qualifying U.S. workers.
• Filing Window: The I-829 must generally be filed within the 90-day period immediately preceding the second anniversary of the approval of the I-526/I-526E petition.

Required Documentation Overview

The I-829 petition is heavily reliant on comprehensive documentation proving compliance. Common evidence includes:

1. Financial Records: Bank statements, audited financial reports, and tax returns demonstrating the sustained capital.
2. Job Creation Evidence: Payroll records, W-2 forms, and detailed organizational charts showing full-time employee status.
3. Business Operations: Leases, contracts, and evidence that the New Commercial Enterprise (NCE) is actively engaged in business.

The I-829 Filing Process and USCIS Review

Once filed, the petition enters the adjudication phase managed by U.S. Citizenship and Immigration Services (USCIS).

Filing Mechanics

The petition is submitted to the appropriate USCIS service center along with the required filing fee. Upon receipt, USCIS issues a receipt notice, typically Form I-797C, which serves as an extension of the investor's conditional permanent residency status, provided the petition was filed on time.

Filing the I-829 on time automatically extends conditional status for 24 months past the original two-year expiration date, allowing the investor to remain legally present while the petition is pending.

Adjudication Timeline

The processing timeline for Form I-829 is notoriously variable and often lengthy. As of recent estimates, adjudication can take anywhere from 18 to over 40 months, depending on service center workload and case complexity. Investors should monitor the official USCIS processing times tool.

Potential Outcomes During Review

USCIS may take one of three primary actions:

• Approval: If all conditions are met, the investor and their dependents receive notification that conditions are removed, leading to issuance of permanent Green Cards (Form I-551).
• Request for Evidence (RFE): USCIS may issue an RFE if documentation is insufficient or unclear, requiring the investor to submit further proof, which pauses the timeline.
• Intent to Deny (ITD): In rare cases where major compliance issues are identified, an ITD notice is issued, giving the investor a final opportunity to rebut the findings before a final denial.

Troubleshooting Common I-829 Issues

Delays often stem from issues related to job creation metrics or capital deployment. Investors should be prepared to address:

Inconsistent payroll reporting or failure to account for indirect job creation correctly.

If the NCE has failed to meet the job creation target, investors may utilize the "troubled business" option, provided they can prove the investment was made and the business has sustained at least 75% of the required job count.

Conclusion

Filing Form I-829 is the final, critical hurdle in the EB-5 process. Meticulous preparation of documentation proving sustained investment and job creation is paramount. While the timeline can be protracted, timely filing ensures the continuation of conditional residency while USCIS reviews the comprehensive evidence package.