How do delays in I-485 processing affect I-829 petitions?

Delays in the processing of Form I-485, Application to Register Permanent Residence or Adjust Status can result in a corresponding delay in an EB-5 investor filing Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. Form I-829 can not be filed until 21 months after the approval of Form I-485, when conditional permanent residency officially begins. Therefore, the longer it takes for Form I-485 to be approved, the longer it will be before an EB-5 investor can file Form I-829.

The Final Step in the EB-5 Visa Process

Filing Form I-829 is known in the industry as the final step in the EB-5 Visa process. Once an investor’s I-485 petition has been adjudicated, they—and their immediate family members—are granted conditional U.S. permanent resident status for a period of two years. Within that time frame, the EB-5 project must prove to have met United States Citizenship and Immigration Services requirements, including its projected economic impact and the creation of at least 10 jobs. If that is the case, then the investor can file Form I-829 to make their U.S. residency permanent.

Concurrent Filing

As part of the EB-5 Reform and Integrity Act, which was signed into law in March 2022, EB-5 investors can now file their Form I-526 and I-485 at the same time. Previously, investors would have to wait for Form I-526 to be adjudicated before they could file Form I-485, which would make the process much longer. Now that concurrent filing is an option, EB-5 investors who already reside in the United States—through an H-1B or E-2 visa, for example—can enjoy a more streamlined process.

The EB-5 visa process can be complicated and sometimes overwhelming. Therefore, it is in the best interest of an EB-5 investor to contact an immigration attorney who can help them through the process, answering any questions and providing expert guidance.