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Programme guides · US EB-5 Investor Immigration

US EB-5 Conditional Green Card Removal 2026: I-829 Process, Job Creation and Common Delays

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

Summary

EB-5 investors first receive a two-year conditional green card, then file I-829 to prove sustained investment and 10 full-time jobs before conditions are removed. We explain the process and common issues.

Short answer: After EB-5 approval, investors receive a two-year conditional green card. Before it expires they must file I-829, proving the investment remains at risk and that 10 full-time US jobs were created or maintained. Approval removes the conditions and grants full permanent residence.

I-829 essentials

Item Detail
Filing window Within the 90 days before the conditional card expires
Core evidence Sustained investment + 10 full-time jobs
Outcome Conditions removed; full green card

Common causes of delay

  • Weak or disputed job-creation numbers from the project
  • Incomplete source-of-funds or sustained-investment evidence
  • Requests for Evidence (RFEs)
  • Backlogs depending on country of birth and category

Planning tips

When choosing a project, look beyond I-526/I-526E approval odds to sustainable job creation and exit terms. Keep thorough records during the conditional period to support I-829.

FAQ

What if I-829 is denied?

Green card status may be lost; respond with counsel or consider appeal / other options.

Can I leave the US during the conditional period?

Yes, but long absences can jeopardise permanent-resident status — plan re-entry permits carefully.

What if a child turns 21 during the conditional period?

Children included at the conditional stage are generally protected by rules such as CSPA — confirm case by case.

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