EB-5 investors who are conditional permanent residents must file an I-829 petition to change their conditional status to permanent. This is the final step in the EB-5 program. This application must include evidence that all the requirements of the program have been met. The form I-829 must be filed within 90 days before the expiration of their conditional residency status. I-829 requirements include the following:
- Proof of conditional residency
- Proof a New Commercial Enterprise (NCE) was created
- Proof the required investment was made
- Proof that the NCE was sustained throughout the two years of the conditional residency
- Proof of the required job creation
Upon approval of an I-829 petition, the investor, and his or her spouse and children under the age of 21, then becomes a permanent resident of the U.S.