I-829 Approval: Becoming a Permanent Resident Without Conditions

The I-829 petition is the crucial final step for investors under the EB-5 Immigrant Investor Program seeking to remove the conditions placed on their two-year Green Card. Successful approval transforms conditional permanent residency into full, unconditional permanent residency, marking the culmination of the investment journey.

Understanding the I-829 Petition Requirements

The primary goal of the I-829 application is to demonstrate that the initial EB-5 investment has been sustained and that the required job creation goals have been met or exceeded.

Key Pillars of I-829 Submission

• Capital Maintenance: Proof that the full required investment amount (typically $800,000 or $1,050,000) remains fully "at risk" in the commercial enterprise.
• Job Creation: Verification that at least 10 full-time equivalent (FTE) jobs have been created for qualifying U.S. workers.
• Sustained Investment: Evidence that the enterprise has been operational and maintained throughout the conditional residency period.

Demonstrating Job Creation

Job creation is often the most scrutinized area during the I-829 review. USCIS requires meticulous documentation showing the actual jobs created.

Acceptable Job Documentation

1. Payroll records and W-2 forms.
2. IRS quarterly tax filings (Form 941).
3. Detailed organizational charts showing FTE calculations.

Note: Jobs must be full-time (defined as at least 35 hours per week) and held by qualifying U.S. workers.

Navigating the Processing Timeline and Interviews

While USCIS processing times fluctuate significantly, investors should be prepared for potential requests for evidence (RFEs) or interviews.

The interview, if scheduled, focuses heavily on the operational status of the New Commercial Enterprise (NCE) and the investor's ongoing role in management or policy formulation, even if passive investment was initially utilized.

What if the Job Goal is Not Met?

If the NCE has not yet met the 10-job requirement by the time of filing, the investor may rely on the "reasonable methodology" approach, provided the job creation is projected to occur within a reasonable timeframe following the filing date, or utilize alternative metrics if permitted by policy.

For investments made under older rules or specific regional center agreements, specific variances might apply. Always refer to the latest USCIS guidance regarding job creation methodologies:

USCIS Policy Manual, Volume 6, Part B, Chapter 6

The Outcome: Unconditional Permanent Residency

Upon approval of Form I-829, the investor and their qualifying family members (spouse and unmarried children under 21) are granted unconditional permanent resident status. This means the Green Card is valid for 10 years and renewable indefinitely, without further financial or employment prerequisites related to the EB-5 program.

Congratulations on achieving this milestone. The next step is typically preparing for the 10-year Green Card renewal (Form I-90) when the conditional card expires.