As of April 2024, Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, currently has a filing fee of $9,525, according to the website of United States Citizenship and Immigration Services (USCIS). This updated fee includes all biometric services fees, so those don’t need to be submitted separately.
From the beginning of their application journey, EB-5 investors typically work with an immigration attorney who helps facilitate the EB-5 process and conducts due diligence on the various projects available for investment. As a result, the EB-5 investor’s immigration attorney will often assemble and file Form I-829 on the investor’s behalf. The additional cost for this service will depend on the EB5 investor’s particular attorney and their rates.
After submission, the I-829 petition is forwarded to the USCIS Dallas Lockbox. The EB-5 investor must file it during the 90-day period before the expiration of their conditional Green Card.
While the EB-5 investor’s I-829 petition is pending, the investor and their family are entitled to continue living in the United States. If their conditional Green Card expires during this time, it is automatically extended for two more years.
USCIS will issue a receipt of filing to the persons under review, typically the EB-5 investor and their spouse and children. The receipt will allow the investor to track their application status and also grant them work and travel authorization.
It can take USCIS around four years to process Form I-829, although this can vary. Applicants are advised to check processing times on the official USCIS website. Once processed, USCIS may contact the investor to schedule an interview or ask for further information.
Once the EB-5 investor’s I-829 petition has been approved, the investor and their family are granted permanent resident status; all restrictions and conditions are lifted. After five years of residing in the United States as permanent residents, the investor and their family will be eligible to apply for U.S. citizenship.
