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Programme guides · US EB-5 Investor Immigration

EB-5 Form I-829: When to File and What to Prepare in 2026

Written by Global Immigrate consultants · Reviewed by Oscar Yip, Founder & Managing Director

Summary

Conditional permanent residents must file I-829 in the 90-day window before the two-year card expires to remove conditions. Timing, job-creation evidence, sustaining investment and common RFE themes.

Short answer: EB-5 investors with a two-year conditional green card must file Form I-829 in the 90 days before the card expires to show the investment still complies and the required jobs were created or maintained. Approval leads to a permanent green card. Late filing can put status at risk—align documents with the regional center and counsel early.

Timing window

Item Notes
Conditional card term Usually 2 years
I-829 filing window 90 days before expiry
After filing Receipt notice; status and travel documents are typically maintained while pending

See US EB-5.

What review focuses on (concepts)

  • Whether capital was deployed and sustained as planned;
  • Whether the required number of qualifying full-time jobs was created or maintained (or evidenced under deployment/redeployment rules);
  • Completeness of regional-center/project reports, payroll, tax and financial records;
  • Updated relationship and identity documents if family members remove conditions together.

If the project redeployed capital, the file must show compliance with then-applicable policy and disclosure.

Global Immigrate’s recommendation

  • Build an I-829 document calendar as soon as the conditional card is issued—do not wait for the last month.
  • Request current job and capital reports from the regional center and cross-check them.
  • Tell counsel early about moves, divorce or children approaching age-out.

Data current as of November 2026. General information only; not legal advice. Individual results vary.

FAQ

Can I file I-829 much earlier?

The statutory window is the 90 days before expiry; filing too early may be rejected.

What if job numbers are slightly short?

You must prove the requirement under the project structure and rules—do not assume “close enough” works.

Must a spouse file I-829 together?

Family members usually remove conditions together; changed family facts need case-specific handling.

Sources

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